LIBRARY 

OF   THE 

UNIVERSITY  OF  CALIFORNIA. 

OIF-T  OK 


Accession         QAA.&.A.          Class 


* 

~~*~  7 


THE 

LEGISLATION  OF  CONGRESS 


FOR  THE 


Government  of  the  Organized 

Territories  of  the  United 

/ 

States. 


....BY.... 


MAX    KA.RRA.ND. 


JUNE,    1896. 


WM.  A.  BAKER,  PRINTER, 

251  MARKET  STREET,  NEWARK,  N.   J. 

1896. 


THE 


LEGISLATION    OF    CONGRESS 


FOR  THE 


Government  of  the/  Organized 

Territories  of  the  United 

States. 


....BY.... 


IvlAX     KARRAND. 


JUNE,  1896. 


WM.  A.   BAKER,   PRINTER, 

251   MARKET  STREET,  NEWARK,   N.  J. 

1896. 


TO 

MY  FATHER 

WHO  HAS  EVER  BEEN  MY  BEST 
EXAMPLE  OF  UNSWERVING  DEVO- 
TION TO  HIGH  PRINCIPLES  AND 
DUTY. 


84194 


CONT&NTS  : 

I.     INTRODUCTION,  -      3-14 

The  Origin  of  the  Public  Territory  of  the  United 

States 3 

Legislation  for  the  Government  of  the  Public  Terri- 
tory under  the  Articles  of  Confederation 6 

^      (a)    Jefferson's  Ordinance  of  1784 7 

(£)    Ordinance  of  1787 8             . 

The  "Power  to  Legislate"  embodied  in  the  Con- 
stitution   12 

II.     FIRST  PERIOD,  1789-1836,     -  14-37 

Territories  East  of  the  Mississippi  17 

Territories  West  of  the  Mississippi, 20 

Until  the  Organization  of  the  Territory  of  Florida .  5 
From  the  Organization  of  Florida  to  the  End  of  the 

First  Period 30 

Summary 34 

III.  SECOND  PERIOD,  1836-1895,  -       38-49 

The  Principle  of  the  Absolute  Control  of  the  Terri- 
tories by  Congress  Established 39 

Legislation  tor  the  Territories  as  a  Whole 45 

IV.  CONCLUSION,  .  50-54 

APPENDIX    A.     List  of  Organized  Territories  and  on 

their  Admission  into  the  Union 55 

APPENDIX    B.     Acts  of  Congress  Relating  to  the  Organ- 
ized Territories  of  the  United  States 57 

APPENDIX    C.     The  District  of  Columbia 94 

BIBLIOGRAPHY 95 

INDEX.  .  99 


I. 


The  Origin  of  the  Public  Territory  of  the  United  States. 

When  the  First  Congress  of  the  United  States  met  in 
New  York  in  1789,  among-  the  first  subjects  that  came 
before  it  for  consideration  was  that  of  the  government  of 
the  public  territory  in  the  west.1  More  recent  surveys 
have  shown  this  territory  to  consist  of  some  one  hundred 
and  seventy  millions  of  acres,2  but  then  it  was  merely  a 
vast  tract  of  unbroken  wilderness,  stretching  north  and 
west  of  the  river  Ohio,  and  designated  vaguely  as  "  the 
Northwest."  How  had  the  United  States  come  into  pos- 
session of  this  vast  wilderness  ? 

About  ten  years  previous  the  great  obstacle  to  the 
adoption  of  the  Articles  of  Confederation  by  several  of  the 
smaller  States  had  been  the  claim  of  some  of  the  larger 
States  to  the  vacant  lands  in  the  west.  By  the  treaty  of 
Paris  in  1763  the  English  acquired  the  western  country 
as  far  as  the  Mississippi,  but  a  royal  proclamation  in  the 
same  year  confined  the  colonies  to  the  country  east  of  the 
Alleghany  Mountains.3  The  colonists  regarded  this  as 

1.  Quorum  <..f   House  April  1,  of  Senate  April  6.     The  question 
of  the  government  of  the  Northwest  brought  up  on  May  18.    The  act 
passed  for  its  government  (see  p.  14)  was  the  ninth  act  of  the  First 
Congress. 

2.  Donaldson:  The  Public  Domain,  p.  61. 

8.  '•  That  no  Governor  of  our  colonies  in  America  do  presume  fur 
the  present  to  grant  warrants  of  survey  or  pass  patents  for  any  lands 
beyond  the  heads  or  sources  of  any  of  the  rivers  which  fall  into  the 
Atlantic  Ocean  from  the  west  or  northwest." 

84194 


4 

merely  a  temporary  expedient  to  quiet  the  minds  of  the  In- 
dians,4 and  confidently  expected  that  before  long  the  lines  of 
the  colonies  would  be  re-extended  beyond  the  Alleghanies. 
This  was  not  done,  however,  and  an  act  of  Parliament  in 
1774  annexed  the  "crown lands,"  the  term  usually  applied 
to  the  land  west  of  the  Alleghanies  and  beyond  the  Ohio? 
to  the  royal  province  of  Quebec.5  The  colonies  felt  that 
the  possession  of  these  lands  was  indispensable  to  their 
interests,  and  the  Declaration  of  Independence  putting- 
thing's  on  a  new  footing,  such  States  as  had  any  claim 
asserted  jurisdiction  over  the  territory  which  fell  within 
their  respective  limits.  Virginia,  Massachusetts,  Connec- 
ticut and  New  York  were  the  only  States  that  had  any 
legal  title  to  lands  northwest  of  the  Ohio.  Rhode  Island, 
New  Jersey,  Delaware  and  Maryland,  so  situated  that  they 
never  could  expand  in  any  direction,  regarded  with  alarm 
a  course  which  would  not  fail  to  make  the  claimant  States 6 
all  powerful,  as  it  would  depopulate  and  impoverish  the 
non-claimant  States.  They  therefore  hesitated  to  ratify 
the  Articles  of  Confederation  unless  these  western  lands 
were  to  be  disposed  of  for  the  benefit  of  the  whole  confed- 
eracy, or  for  defraying  the  expenses  of  the  war.  A  circu- 
lar letter  from  Congress7  urging  the  necessity  of  a  prompt 
ratification  effected  its  purpose  with  all  of  the  States 
except  Maryland.  By  February,  1779,  she  alone  stood  out 
in  her  refusal.  In  May  of  that  year  there  were  read  in 
Congress  the  instructions  of  Maryland  to  her  delegates 
positively  forbidding  them  to  ratify  the  Articles  of  Con- 
federation  unless  they  should  receive  definite  assurance 
that  the  northwestern  territory  would  become  the  common 
property  of  the  United  States.8 

4.  Adams:     Maryland's  Influence  Upon  Land  Cessions  to  the 
United  States. 

5.  The  Quebec  Bill,  referred  to  in  the  Declaration  of  Independ- 
ence. 

6.  Especially  New  York  and  Virginia. 

7.  July  10,  1778. 

8.  Passed  by  the  General  Assembly  of  Maryland  December  15, 
1778;  read  in  Congress  May  21,  1779. 


As  the  consent  of  all  of  the  thirteen  States  was  neces- 
sary to  form  the  confederacy,  this  refusal  of  Maryland's 
brought  matters  to  a  crisis.  The  question  was  earnestly 
discussed,  and  early  in  1780  New  York  set  things  in  motion 
by  authorizing  her  representatives  to  cede  all  her  claims 
in  western  lands  to  the  United  States.9  This  act  of  New 
York  at  once  changed  the  whole  situation.  It  was  no 
longer  necessary  for  Maryland  to  defend  her  position,  but 
the  claimant  States  were  compelled  to  justify  themselves 
before  the  country  for  not  following  New  York's  example. 
Congress  wisely  refrained  from  any  assertion  of  jurisdic- 
tion, and  only  urgently  recommended  that  the  States 
having  claims  to  western  lands  should  cede  them, 
so  that  the  only  obstacle  to  the  final  ratification  of 
the  Articles  of  Confederation  might  be  removed.10  As 
a  special  inducement  to  Virginia,  it  was  further  pro- 
vided a  month  later  that  Congress  would  re-imburse  any 
State  for  the  reasonable  expenses  it  had  incurred  since  the 
commencement  of  the  war  in  defending  its  western  terri- 
tory.11 Connecticut  at  once  offered  a  cession  of  her  west- 
ern lands,  provided  she  might  retain  the  jurisdiction.12 
Shortly  afterward  Virginia  yielded,  and  upon  certain  con- 
ditions ceded  to  the  United  States  all  her  lands  northwest 
of  the  Ohio  river.13  The  Maryland  delegates  were  then 
empowered  to  ratify  the  Articles  of  Confederation. 

Two  of  the  conditions  imposed  by  Virginia  were  not 
acceptable  to  Congress.  The  one  involved  a  declaration  of 
the  validity  of  Virginia's  claims,  and  a  ruling  out  of 
those  of  the  other  parties  ;  and  the  other  demanded  a 
guarantee  to  Virginia  of  undisturbed  possession  of  the 
lands  southeast  of  the  Ohio.  Three  years  later  (1784) 
after  long  discussion,  at  the  request  of  Congress,  Virginia 
withdrew  the  obnoxious  conditions,  and  made  her  cession 
absolute.14  The  next  year  Massachusetts  ceded  her  west- 

9.  February  19,  1780.         10.  September  6,  1780. 

11.  October  10, 1780.     12.  October  10, 1780.     13.  Januarys,  1781. 

14.  October  20,  1783,  Virginia  delegates  authorized  to  make  ces- 
sion in  accordance  with  request  of  Congress.  Delegates  made  ces- 
sion on  March  1, 1784.  accepted  by  Congress  same  day. 


6 

ern  lands  with  the  jurisdiction  over  them,15  and  in  1786 
Connecticut /lid  the  same,16  reserving,  however,  some  three 
million  acres  on  the  southern  shore  of  Lake  Erie  for  edu- 
cational and  other  purposes,  which  is  now  part  of  the 
State  of  Ohio,  but  is  still  called  the  "  Connecticut  Re- 
serve." "  The  Northwest"  thus  became  the  common  property, 
the  public  territory  of  the  United  States^ 

Legislation  under  the  Articles  of  Confederation  for  the 
Government  of  the  Public  Territory. 

In  Maryland's  first  proposition  to  give  Congress  sov- 
ereignty over  the  western  lands,  made  in  October,  1777, 
it  was  moved  that  Congress  should  have  the  sole  power 
to  fix  the  western  boundaries  of  such  States  as  claimed  to 
the  Mississippi,  "  and  lay  out  the  land  beyond  the  bound- 
ary, so  ascertained,  into  separate  and  independent  States." 
This  idea,  repeated  in  the  declarations'and  resolutions  after- 
ward passed  by  the  legislature  of  Maryland,  was  adopted 
by  Congress  in  the  resolution  of  October  10, 1780.  Accord- 
ing to  this  all  lands  ceded  to  the  United  States  should 
"be  settled  and  formed  into  distinct  republican  States, 
which  shall  become  members  of  the  Federal  Union,  and 
have  the  same  rights  of  sovereignty,  freedom  and  inde- 
pendence, as  the  other  States."  During  1783,  when  it  was 
evident  that  Congress  would  eventually  become  the  owner 
of  "the  Northwest,"  it  was  resolved  in  Congress  that  a 
committee  should  be  appointed  to  report  a  plan  for  con- 
necting with  the  Confederation,  by  a  temporary  govern- 
ment, the  inhabitants  of  the  new  district  until  their  num- 
ber and  circumstances  should  entitle  them  to  form  a  per- 
manent constitution  for  themselves.1" 


15.  April  19,  176,}.     10.  September  14,  1786. 

17.  On  cession  of  land  by  the  States,  see  Adams  :    loc.  czt.,  Hins- 
dale  :  Old  Northwest,   Chap.    XII.,  XIII.     Fiske  :    Critical  Period 
of  American  History.     Sato  :  History  of  Land  Question  in  United 
States,  pp.  192  and  193.  et  al.    Winsor  :  Narrative  and  Critical  His- 
tory, Vol   VII.,  Appendix. 

18.  Adams:  loc.  cit.  p.  43. 


a)  Jefferson's  Ordinance,  or  the  Ordinance  of  1784. 

Thomas  Jefferson,  as  chairman  of  that  co^nmittee,  on 
the  very  day  that  the  cession  of  Virginia  was  accepted? 
March  1,  1784,  submitted  to  Congress  a  plan  for  the  gov- 
ernment of  the  western  territory,  which,  with  some 
important  modifications,  was  adopted.19  It  was  com- 
monly known  as  Jefferson's  Ordinance,  or  the  Ordi- 
nance of  1784.  It  provided  for  the  artificial  division 
of  the  ceded  territory  into  States,  in  each  of  which 
the  settlers  were  authorized  for  the  purpose  of  establish- 
ing a  temporary  government  to  adopt  the  constitution 
and  laws  of  any  one  of  the  original  States,  and  to  erect 
counties,  townships,  or  other  divisions,  for  the  elec- 
tion of  members  for  their  Legislature.  When  any 
such  State  should  have  twenty  thousand  inhabitants  they 
were  to  receive  authority  from  Congress  to  establish  for 
themselves  a  permanent  constitution  and  government, 
and  should  have  a  member  in  Congress,  with  the  right  of 
debating,  but  not  of  voting.  Provided,  That  under  both 
the  temporary  and  permanent  governments  they  should 
forever  remain  a  part  of  the  Confederacy;  should  be  sub- 
ject to  the  Articles  of  Confederation  and  the  acts  and  ordi- 
nances of  Congress,  like  the  original' States;  should  in  no 
case  interfere  with  the  primary  disposal  of  the  soil  by 
Congress;  should  be  subject  to  pay  a  part  of  the  Federal 
debts  in  the  same  measure  of  apportionment  with  the  other 
States;  should  impose  no  tax  on  lands  the  property  of  the 
United  States;  that  their  respective  governments  should 
be  republican;  and  that  the  lands  of  non-residents  should 
not  be  taxed  higher  than  those  of  residents.  When  the 
inhabitants  of  any  one  of  these  States  should  equal  in 
number  those  of  the. least  populous  of  the  thirteen  original 
States,  their  delegates,  with  the  Consent  of  so  many  States 
as  might  at  the  time  be  competent  should  be  admitted 
into  Congress  on  an  equal  footing. 

There  were  many  objections  to  this  ordinance.     The 
first  draft  had  included  only  the  territory  north  of  the 

19.  April  23,  17S4. 


8 

Ohio,  but  as  adopted  it  covered  the  country  south  as  well 
as  north,  territory  to  be  ceded  as  well  as  that  already 
acquired.  Jefferson  himself  was  bitterly  disappointed, 
especially  because  the  clause  forbidding  slavery  after 
the  year  1800  was  stricken  out.20  There  were  those 
who  felt  that  it  was  somewhat  indefinite  to  promise 
certain  sections  of  country  admission  into  the  Con- 
federacy as  soon  as  their  population  should  equal  in 
number  that  of  the  least  populous  of  the  original  States. 
If  the  original  States  should  increase  in  population  to  any 
great  extent,  these  new  States  might  be  prohibited  from 
ever  entering;  and  on  the  other  hand,  if  from  any  cause 
the  population  of  one  of  the  smaller  States  should  sud- 
denly decrease,  would  not  such  an  alarming  increase  of 
new  States  as  that  might  entail  prove  dangerous  ?  And 
then  the  ordinance  was  not  a  plan  for  government  at  all. 
It  established  nothing.  It  fixed  the  limits  within  which 
the  local  governments  must  act,  but  left  the  creation  of 
those  governments  wholly  to  the  future.  In  Vincennes 
"  the  local  government  bowled  along  merrily  under  this 
system.  There  was  the  greatest  abundance  of  govern- 
ment, for  the  more  the  United  States  neglected  them  the 
more  authority  their  officials  assumed."21  But  in  Kaskas- 
kia  the  people  petitioned  Congress  that  any  sort  of  gov- 
ernment might  be  given  to  them.  And  so  Congress  pro- 
ceeded to  legislate  anew  on  the  whole  subject.  Between 
May  1,  1786,  and  July  9, 1787,  as  many  as  three  ordinances 
for  the  government  of  the  western  territory  were  reported 
to  Congress,22  and  finally,  on  July  13,  1787,  the  now  famous 
ordinance  of  1787  was  adopted. 

b)  The  Ordinance  of  1787. 

The  importance  of  the  Ordinance  of  1787  in  this  dis- 
cussion lies  in  its  influence  upon  the  legislation  that  fol- 

20.  Letter  to  Madison  of  April  25,  1784. 

21.  Dunn:  Indiana,  p.  183. 

22.  May  10,  1786;  September  19, 1786,  and  April  26,  1787.     Hins- 
dale:  Old  Northwest. 


lowed  rather  than  in  its  connection  with  what  had  pre- 
ceded it.  It  is  not,  therefore,  within  the  province  of  this 
paper  to  enter  into  the  question  of  its  authorship,23  nor  to 
attempt  to  trace  the  origin  of  its  various  provisions..  It 
suffices  here  to  say  that  as  it  not  only  undertook  to  make 
political  organizations  and  to  provide  for  the  admission  of 
new  States  into  the  confederacy,  but  also  dealth  directly 
with  the  rights  of  individuals,  it  was  a  very  different 
instrument  from  any  of  those  that  had  before  been  consid- 
ered by  Congress,  and  yet  it  contained  the  greater  part  of 
these  previous  propositions,  and  its  phraseology  shows 
how  greatly  it  was  indebted  to  them.24 

The  first  paragraph  provided  that,  for  the  purposes  of 
temporary  government,  the  region  northwest  of  the  Ohio 
should  be  one  district,  subject,  however,  to  division  by 
Congress.  The  second  regulated  the  descent  and  distri- 
bution of  estates,  securing  to  the  inhabitants  the  equal  di- 
vision of  the  real  and  personal  property  of  intestates  to 
the  next  of  kin  in  equal  degree  ;  and  the  power  to  devise 
and  convey  property  of  every  kind.  This  was  the  first 
general  legislation  by  the  Congress  of  the  United  States 
on  the  subject  of  real  property.  It  struck  the  key-note  of 
our  liberal  system  of  land  law,  not  only  in  the  States 
formed  out  of  the  public  domain,  but  also  in  the  older 
States,  and  is  the  foundation  of  all-  the  statutes  of  the 
United  States  relating  to  land  tenures.25 

The  rest  ot  the  Ordinance  proper  related  to  the  or- 
ganization of  a  government,  and  directed  how  it  should 
be  administered.  Congress  was  to  appoint  a  governor  for 
a  term  of  three  years,  a  secretary  for  four  years,  and  three 

23.  The  question  of  authorship  brought  into  prominence  by 
Webster,  who,  in  his  speech  on  Foote's  resolution,  ascribed  the  draft- 
ing of  it  to  Nathan  Dane.     Upon  the  authorship  see  Peter  Force, 
National  Intelligencer,  August  26, 1847.     W.  F.  Poole  :  North  Ameri- 
can Review,  No.  251,  April,  1876.     Hinsdale  :  loc.    cit.,  Chap.   XV. 
Cutler  :  Life,  Journals  and  Correspondence  of  Rev.  Manassah  Cutler. 
Vol.  I.,  pp.  292-298,  and  Chap.  VIII.     Sato  :  loc.  cit.,  pp.  104-116. 

24.  Dunn  :  loc.  cit. ,  p.  204. 

25.  Donaldson  :  loc  cit.,  pp.  156,  158  and  159. 


10 

judges  to  serve  during  good  behavior.  The  governor  was 
to  be  commander-in-chief  of  the  militia,  appoint  and  com- 
mission militia  officers  below  the  rank  of  general  officers, 
and  appoint  such  magistrates  and  other  civil  officers  as  he 
deemed  necessary  for  peace  and  good  order.  The  secre- 
tary was  to  record  territorial  acts,  and  send  copies  of  them 
to  Congress  every  six  months.  Any  two  of  the  judges 
were  to  form  a  court  having  the  common-law  jurisdiction. 
The  governor  and  judges,  acting  together,  were  to 
adopt  such  laws  of  the  original  States,  civil  and  criminal, 
as  they  deemed  necessary  and  best  suited  to  the  circum- 
stances of  the  district,  which  laws  were  to  remain  in  force 
unless  disapproved  of  by  Congress,  until  there  should  be 
five  thousand  free  male  inhabitants,  of  full  age.  On  at- 
taining this  population  the  district  was  to  have  a  gen- 
eral assembly  of  its  own,  consisting  of  the  governor,  a 
house  of  representatives,  whose  membership  should  be 
in  the  proportion  of  one  to  every  five  hundred  free 
male  inhabitants,  and  a  legislative  council  of  five,  to  be 
chosen  by  Congress  from  a  list  of  ten  nominated  by  the 
Territorial  house  of  representatives.  The  representa- 
tives were  to  serve  for  two  years,  and  the  members  of 
council  for  five.  The  legislature  thus  constituted,  was 
given'  authority  to  make  laws  in  all  cases  for  the  good 
government  of  the  district,  not  repugnant  to  the  principles 
and  articles  of  this  ordinance.  No  act  was  to  have  any  force 
without  the  assent  of  the  governor,  and  he  was  given  power 
to  convene,  prorogue  and  dissolve  the  assembly  when  he 
should  think  expedient.  When  a  legislature  should  have 
been  formed,  the  council  and  house  were  to  have  author- 
ity to  elect  by  joint  ballot  a  delegate  to  Congress,  who 
should  have  a  seat  and  a  right  to  debate,  but  not  to  vote. 
All  the  officers  were  required  to  reside  in  the  Territory. 
It  was  required  that  the  governor  should  own  a  freehold 
of  one  thousand  acres  of  land  in  the  district  ;  and  that  the 
secretary,  judges  and  members  of  council  should  own 
similar  freeholds  of  five  hundred  acres  each.  No  one  was 
qualified  to  act  as  a  representative,  unless  he  had  been  a 
citizen  of  one  of  the  United  States  three' years,  and  a  resi- 


11 

dent  in  the  district,  or  had  resided  in  the  district  three 
years ;  and  held  in  his  own  right  two  hundred  acres  of 
land  within  the  same.  The  possession  of  a  freehold  of 
fifty  acres  in  the  district,  and  citizenship  of  one  of  the 
States,  and  residence  in  the  district,  or  a  like  freehold  and 
two  years^ residence  in  the  district,  wtyere  the  qualifications 
of  the  electors  of  representatives. 

Then  followed  six  "  articles  of  compact  between  the 
original  States  and  the  people  and  States  in  the  said  terri- 
tory," which  were  to  "  forever  remain  unalterable  unless 
by  common  consent."  The  first  provided  that  no  peace^-  / 
able  or  orderly  person  should  "ever  be  molested  on  account 
of  his  mode  of  worship  or  religious  sentiments."  The 
second  guaranteed  to  the  inhabitants  the  benefits  of  the 
writ  of  habeas  corpus,  trial  by  jury,  proportionate  represent- 
ation in  the  legislature,  bail  (except  for  capital  offences) 
moderate  fines  and  punishments,  and  the  preservation  of 
liberty  and  property.  The  article  concluded  with  the  dec- 
laration "  that  no  law  ought  ever  to  be  made  or  have  force 
in  the  said  territory  that  shall,  in  any  manner  whatever, 
interfere  with  or  affect  private  contracts  or  engagements, 
bona  fide  and  without  fraud  previously  formed."26  The 
third  article  declared  that  schools  and  means  of  education  3 
should  forever  be  encouraged,  and  good  faith  should  be 
observed  toward  the  Indians.  The  fourth  contained  the  4 
articles  of  Jefferson's  ordinance:  That  the  territory  and  the 
States  formed  therein  should  forever  remain  a  part  of  the 
confederacy,  subject  to  the  Articles  of  Confederation  and 
to  the  authority  of  Congress  under  them;  that  they  should 
be  subject  to  pay  a  proportionate  part  of  the  Federal  debts 
and  expenses;  should  never  interfere  with  the  disposal  of 
the  soil  by  Congress,  nor  tax  the  lands  of  the  United  States 
or  non-resident  proprietors  higher  than  resident.  To  this 
was  added  the  provision  that  the  navigation  of  the  Missis- 
sippi and  St.  Lawrence  should  be  free  to  every  citizen  of 

26.  This  provision  was  copied  into  the  Constitution  of  the  United 
States  a  few  weeks  later,  but  this  is  its  first  appearance  in  our 
national  legislation. 


12 

the   United   States   "  without    any   tax,   impost   or   duty 
therefor." 

Article  V.  provided  for  the  formation  in  the  territory 
of  not  less  than  three  nor  more  than  five  States,  and  roughly 
indicated  their  boundaries  very  nearly  as  they  are  at  pres- 
ent. I  Whenever  any  of  these  States  should  have  'sixty 
thousand  free  inhabitants,  it  was  to  be  admitted  "  into 
the  Congress  of  the  United  States  on  an  equal  footing 
with  the  original  States,  in  all  respects  whatever,"  and 
was  to  be  at  liberty  to  form  a  permanent  constitution  and 
State  government,  republican  in  form  and  in  conformity 
with  these  articles.  \  The  Sixth  and  last  article  declared 
that  there  should  "  be  neither  slavery  nor  involuntary 
servitude  in  the  said  territory,  otherwise  than  in  the 
punishment  of  crimes  whereof  the  party  shall  have  been 
duly  convicted:  provided  always,  That  any  person  escaping 
into  the  same,  from  whom  labor  or  service  is  lawfully 
claimed  in  any  one  of  the  original  States,  such  fugitive 
may  be  lawfully  reclaimed  and  conveyed  to  the  person 
claiming  his  or  her  labor  or  service  as  aforesaid." 

The  "  Power  to  Legislate"  Embodied  in  the  Constitution. 

These  two  ordinances  (of  1784  and  of  1787)  comprise 
the  legislation  relating  to  territorial  government  previous 
to  the  First  Congress.  But  what  right  had  the  Congress 
of  the  Confederacy  to  establish  a  government  for  this  ter- 
ritory ?  or  what  right  had  the  General  Government,  under 
the  Articles  of  Confederation,  to  acquire  territory  at  all  ? 
These  articles  declared  that  the  Congress  had  only  such 
powers  as  were  expressly  delegated.27  The  power  to 
acquire,  the  right  to  retain  and  the  right  to  govern  territory 
are  nowhere  in  the  articles,  even  by  implication,  granted 
to  the  United  States.28  And  yet,  "  all  this  has  been  done, 
and  done  without  the  least  color  of  constitutional  author- 


27.  Article  II. 

28.  Johnston:     Lalor's  Political  Encyclopaedia,  Article  on  the 
Ordinance  of  1787,  III.,  p.  33. 


13 

ity.  Yet  no  blame  has  been  whispered,  no  alarm  has  been 
sounded.""  The  acquisition  of  this  territory  rested  upon 
acts  so  directly  and  expressly  connected  with  the  estab- 
lishment of  the  Confederation  that  the  acquisition  was 
itself  one  of  the  fundamental  conditions  of  union.  The 
declared  purposes  for  which  these  acquisitions  were  made 
were  that  the  lands  should  be  disposed  of  for  the  common 
benefit,  that  the  country  should  be  settled  and  formed  into 
republican  States,  and  that  these  States  should  be  admitted 
into  the  Union.  In  the  cessions  made  and  accepted  upon 
these  express  conditions  all  of  the  States  acquiesced.  They 
may  be  said,  therefore,  to  have  conferred  upon  Congress 
an  implied  power  to  legislate  to  carry  them  into  effect.30 

Of  the  right  of  Congress  to  exercise  this  power,  serious 
doubts  were  expressed  at  the  time.  So  long  as  it  was  not 
to  be  found  in  the  instrument  under  which  the  Congress 
was  organized  and  its  powers  established,  it  was  an  author- 
ity liable  to  be  doubted  and  denied.  Thus  it  became  emi- 
nently necessary  to  have  it  expressly  stated  and  conferred 
in  the  instrument  under  which  all  the  other  functions  of 
the  government  were  to  be  exercised.31 

In  the  plan  of  government  presented  by  Governor 
Randolph  at  the  opening  of  the  Constitutional  Convention 
of  1787,  we  find  a  resolution  that  provision  ought  to  be  i 
made  for  the  admission  of  new  States,  and  in  the  first  draft/ 
of  the  Constitution  there  was  such  a  power  contained. 
Madison  at  once  proposed  that  additional  powers  be  given 
"  to  dispose  of  the  unappropriated  lands  of  the  United 
States  ;  "  and  "  to  institute  temporary  governments  for 
new  States  arising  therein."  From  these  propositions 
there  resulted  the  provisions  that  now  stand  in  the  third 
section  of  the  fourth  article  of  the  Constitution: 

"  New  States  may  be  admitted  by  the  Congress  into 
this  Union  ;  but  no  new  State  shall  be  formed  or  erected 
within  the  jurisdiction  of  any  other  State  ;  nor  any  State 

29.  Federalist,  No.  38,  January  15,  1788. 

30.  Curtis:     Constitutional  History  of  the  United  States,  pp.  198, 
536. 

31.  Curtis  :     loc.  cit.,  pp.  533  et  seq. 


14 

be  formed  by  the  junction  of  two  or  more  States  ;  nor 
parts  of  States,  without  the  consent  of  the  legislatures  of 
the  States  concerned  as  well  as  of  the  Congress. 

"  The  Congress  shall  have  power  to  dispose  of  and 
make  all  needful  rules  and  regulations  respecting  the 
Territory  or  other  property  belonging  to  the  United 
States ;  and  nothing  in  this  Constitution  shall  be  so  con- 
strued as  to  prejudice  any  claims  of  the  United  States,  or 
of  any  particular  State." 

It  was,  then,  with  this  constitutional  authority  that 
the  First  Congress  in  1789,  took  up  the  question  of  the 
government  of  the  Northwest  Territory,  and  promptly  re- 
enacted  the  Ordinance  of  1787,  making  such  changes  as 
were  necessary  to  adapt  the  Ordinance  to  the  new 
Constitution  32 

II. 

With  the  authority  specifically  vested  by  the  fourth 
article  of  the  Constitution,  and  with  the  powers  by  impli- 
cation from  the  right  to  acquire  territory,  Congress  has 
organized  Territories,  and  made  laws  for  their  govern- 
ment, on  a  scale  which  was  never  anticipated.  There 
^have  been  in  all  twenty-eight  Territories  organized,1  and 
from  the  establishment  of  a  government  for  "  the  North- 
west," down  to  the  present  day  there  has  never  been  a 
time  when  Congress  has  not  had  one  or  more  organized 
Territories  under  its  control,  so  that  the  legislation  for 
their  government  has  beeen  practically  unbroken.2  It  is 
the  object  of  this  paper  to  trace  the  changes  that  have 
taken  place  in  this  legislation  :  to  show  that  the  Terri- 
torial government  as  it  exists  to-day,  however  greatly  it 
may  differ  from  that  first  established  for  the  Northwest,  is 
yet  a  direct  development  from  the  Ordinance  of  1787,  and 
that  the  process  of  development  has  been  as  gradual  as  it 
has  been  unceasing. 

32.  See  Appendix  B.  1),  also  supra,  p.  3. 
1.  See  Appendix  A.     2.  See  Appendix  B. 


15 

The  legislation  of  Congress  with  regard  to  the  gov- 
ernment of  the  Territories,  divides  of  itself  into  two  periods. 
For  thirty  years  the  Ordinance  of  1787  was  the  model 
in  establishing  the  governments  in  the  Territories.  The 
usual  method  of  Congress  was  to  carve  out  a  portion  of 
the  public  domain,  and  establish  a  Territory  by  name,  re- 
enacting,  with  slight  additions,  an  existing  law  relating 
to  some  other  Territory,  so  that  the  Ordinance  of  1787,  in 
terms  or  effect,  with  slight  modifications,  was  extended 
over  or  embraced  in  the  organic  laws  and  acts  for  all  the 
Territories  of  the  Union.  Even  as  late  as  1849  the  Ordi- 
nance of  1787  is  specifically  referred  to.3  A  second  period 
begins  in  1836  with  the  organic  act  for  the  Territory  of 
Wisconsin.  All  of  the  organic  acts  for  the  sixteen  Terri- 
tories established  since  that  time  are  modeled  directly  upon 
that.  But  the  Wisconsin  act  is  not  in  itself  an  innovation. 
It  marks  the  beginning  of  a  new  period,  only  because  it 
defines  the  powers  and  duties  of  a  Territory  and  its  people 
for  the  first  time  in  the  form  which  has  since  been  uni- 
versally followed.  The  statement  in  Donaldson's  Public 
Domain  (p.  418),  that  the  Florida  act  of  1822  "  was  really 
the  first  organic  act  "  is  quite  mistaken,  for  the  Florida 
act  is  an  almost  literal  copy  of  the  act  for  Orleans  of  1804  ; 
and  Professor  Johnston's  statement4  that  the  form  of  gov- 
ernment established  by  the  Orleans  act  of  1804,  '•  was  the 
model  regularly  followed  afterward,"  is  equally  mislead- 
ing. All  of  the  main  features  that  Professor  Johnston 
enumerates,  including  the  modifications  made  for  Mis- 
souri in  the  act  of  1812,  are  to  be  found  in  the  Ordinance 
of  1787.  It  is  the  form  of  the  Orleans  enactment  that 
makes  it  important.  It  is  the  first  breaking  away  from 
the  Ordinance  of  1787,  which  even  then  was  being  vested 
with  the  halo  which  now  crowns  it.  It  contains  merely 
the  germ,  however,  but  nothing  more,  of  the  form  of  the 
Wisconsin  act,  and  does  not  mark  the  beginning  of  the 


3.  In  the  organic  act  for  Minnesota. 

4.  Lalor's  Political  Encyclopaedia,  Article,  Territories,  p.  919. 


16 

new  period,  for  it  was  not  until  1836  that  this  new  form  of 
enactment  was  universally  accepted.5 

FIRST  PERIOD.     1789=1835. 

Though  the  Ordinance  of  1787  was  enacted  solely  for 
the  territory  northwest  of  the  Ohio  it  was  evidently 
intended,  or  at  any  rate  eminently  fitted  so  general  were 
its  provisions,  to  be  applied  to  the  territory  south  of  that 
river  as  well,  and  the  acts  of  cession  by  North  Carolina6 
and  Georgia7  stipulated  that  such  should  be  the  case. 
Accordingly  for  all  the  southern  Territories  the  govern- 
ments that  were  established  were  regulated  by  the  pro- 
visions of  the  Ordinance.  But  with  the  acquisition  of  the 
Louisiana  country  beyond  the  Mississippi,  and  so  outside 
of  the  original  limits  of  the  United  States,  a  new  element 
entered  in.  Congress  had  to  deal  with  a  country  that  was 
not  considered  in  the  making  of  the  Ordinance  and  with 
a  people  whose  previous  training  had  not  fitted  them  for 
the  freedom  and  responsibility  which  the  government 
under  the  Ordinance  entailed.  Consequently,  for  a  few 
years,  so  much  of  its  time  as  Congress  gave  to  the  con- 
sideration of  the  Territories  was  occupied  almost  exclu- 
sively with  the  Territories  west  of  the  Mississippi.  When 
this  question  had  been  more  or  less  satisfactorily  settled, 
there  followed  a  period  in  which  the  Territorial  institu- 
tions were  made  to  conform  to  the  democratic  spirit  that 
was  spreading  throughout  the  country,  as  manifested  by 
the  placing  in  the  hands  of  the  people  more  and  more 
power  in  the  control  of  the  government.  Then  came  the 
second  acquiring  of  territory  beyond  the  original  limits, 
and  while,  as  will  be  seen,  this  democratic  tendency  did 
not  cease,  for  our  purpose,  it  is  more  important,  from  the 
time  of  the  acquisition  of  the  Floridas  to  trace  the  com- 
bination of  tendencies  and  enactments  which  was  leading 
to  the  second  period  in  our  Territorial  legislation. 

5.  Michigan,  1805  ;  Illinois,  1809  ;  and  Alabama,  1817,  all  organ- 
ized after  1804  and  according  to  the  Ordinance. 

6.  See  p.  16.        7.  See  p.  17. 


17 

We  thus  find  that  again  the  first  period  falls  into  four 
divisions  : 

1.)  Territories  east  of  the  Mississippi. 
2.)  Territories  west  of  the  Mississippi. 
3.)  Until  the  organization  of  the  Territory  of  Florida. 
4.)  From  the  organization  of  Florida  to  the  end  of  the 
First  Period. 

1.)  Territories  East  of  the  Mississippi. 

Within  a  year  after  the  First  Congress  had  re-enacted 
the  Ordinance  of  1787  the  cession  of  her  Western  lands  by 
North  Carolina  had  been  made8  and  accepted,9  and  a 
Territory  out  of  them  had  been  organized.10  In  accord- 
ance with  the  terms  of  the  deed  of  cession,11  Congress  estab- 
lished a  government  in  all  respects  similar  to  that  of  the 
Northwest  Territory,  as  set  forth  in  the  Ordinance,  except 
that  the  provisions  of  the  sixth  article  prohibiting  slavery 
were  not  to  be  in  force.  This  Territory,  which  was 
designated  as  the  Territory  South  of  the  river  Ohio,  was 
the  first  to  organize  a  legislature.12 

As  soon  as  this  first  Territorial  legislature  was  formed, 
as  provided  by  the  Ordinance,  they  elected  a  delegate  to 
Congress.13  Considerable  debate  arose  in  the  House,  when 
his  credentials  were  presented  to  that  body,  upon  the  pro- 
priety of  admitting  such  a  "nondescript"  member,14  but 
he  was  finally  given  a  seat,  with  the  right  of  debating  but 
not  of  voting.  The  privilege  of  franking  was  extended  to 
him,  and  there  was  allowed  him  the  same  compensation 

8.  February  25,  1790.        9.  April  2,  1790. 

10.  May  26,  1790.     See  appendix  B  4). 

11.  There  were  ten  conditions  in  North  Carolina's  act  of  cession, 
of  which  the  only  one  of  importance  for  us  was  the  fourth  :  that 
there  should  be  a  government  established  in  all  respects  similar  to 
that  of  the  Northwest  Territory  according  to  the  Ordinance  :  "Pro- 
vided always,  That  no  regulations  made  or  to  be  made  by  Congress 
shall  tend  to  emancipate  slaves." 

12.  August  25,  1794. 

13.  September  3,  1794. 

14.  Benton  :     Abridg.  Debates  of  Congress,  Vol.  I.,  p.  530. 


18 

for  traveling  expenses  and  attendance  in  Congress  as  to 
the  members  of  the  House.15  The  same  rights,  privileges, 
and  compensation  were  granted  in  1800  to  the  first  dele- 
gate from  the  Northwest  Territory,16  and  two  years  later 
the  same  provisions,  were  made  for  any  delegate  to  Con- 
gress who  should  be  admitted  to  a  seat.17  As  he  was  not 
given  a  vote  the  powers  of  a  delegate  were  greatly 
restricted,  but  the  advantage  to  a  Territory  of  having 
such  an  agent  in  Congress  was  very  great,  for  through 
him  they  could  bring  their  affairs  before  that  body  in  a 
manner  which  necessitated  recognition.18  The  people  of 
the  Territories  appreciated  this  and  recognized  the 
importance  of  the  office  to  them.  As  they  were  required 
by  the  Ordinance  to  have  organized  a  legislature  before 
they  could  send  a  delegate,  they  advanced  as  their  strongest 
argument  for  being  permitted  to  organize,  or  for  pro- 
ceeding to  organize  a  legislature,  that  they  would  then  be 
allowed  to  have  an  agent  in  Congress.  And  this  was  one 
of  the  first  offices  that  they  requested  should  be  made,  and 
the  first  that  was  made  elective  by  the  people.19 

Until  the  organization  of  a  legislature,  the  governor 
and  judges  in  the  Territories  were  to  exercise  the  legisla- 
tive function,  but  they  were  only  empowered  to  adopt 
suitable  laws  taken  from  the  statute  books  of  the  original 
States.  That  this  was  not  as  much  of  a  restriction  as  one 
would  at  first  suppose  may  be  gathered  from  the  adoption 

15.  December  3,  1794.        16.  See  Appendix  B.  8)  and  11). 

17.  Appendix  B.  14) 

18.  Wm.  Henry  Harrison,  delegate  from  Northwest  Territory, 
in  1800,  "  Secured  the  passage  of  a  bill  (revising  the  method  of  land 
sales)  which  in  time  did  far  more  for  the  good  of  his  country,  than 
his  great  victory  over  the  Prophet  at  Tippecanoe,  or  his  defeat  of 
Tecumseh  at  the  battle  of  the  Thames." — McMaster  :     History  of 
People  of  United  States.     Vol.  II.,  p.  481.     See  also  Bui-net  :     Notes 
on  the  North-west,  p.  302.     Dunn:     loc.  cit.,  p.  283. 

19.  By  Ordinance  members  of  lower  house  of  Territorial  legisla- 
ture were  elective,  this  the  first  office  made  elective  after  that.     First 
elective  in  Mississippi  in  1808.     By  1819  elective  in  all  the  Territories. 
Since  1817  delegates  have  been  elected  every  second  year  for  the 
same  term  as  members  of  House. 


19 

by  the  governor  and  judges  of  the  Northwest  Territory 
of  an  old  Virginia  statute  of  the  colonial  period,  by  which 
"  the  common  law  of  England,  and  all  general  statutes  in 
aid  of  the  common  law  prior  to  the  fourth  year  of  James  I  " 
were  put  in  force  in  the  Territory.  But  in  spite  of  the 
wide  range  that  was  open  to  them  the  provision  was 
found  to  be  inconvenient.  Not  only  were  many  of  the  laws 
not  adapted  to  be  thus  thrust  upon  a  community  that  was 
not  considered  in  the  making  of  them,  but  special  circum- 
stances required  special  legislation.  Accordingly  to  meet 
the  requirements  of  the  case  the  governor  and  judges 
thought  it  necessary  to  overstep  their  authority  and  enact 
laws.  And  this  practice  was  not  formally  disapproved  by 
Congress,  but  was  even  tolerated  and  accepted.  *° 

It  was  undoubtedly  in  a  large  part  to  obviate  this  diffi- 
culty that  the  first  change  in  the  principles  of  the  Ordinance 
was  made.  This  was  that  the  provisions  relating  to  the 
organization  of  a  general  assembly  were  not  to  depend 
upon  the  size  of  the  population  but  were  to  be  in  force  as 
soon  as  satisfactory  evidence  should  be  given  to  the  gov- 
ernor that  it  was  the  wish  of  the  majority  of  the  free- 
holders. It  was  first  enacted  in  1800  when  the  Northwest 


20.  May  8,  4792,  Congress  enacted,  "  That  the  laws  of  the  Terri- 
tory Northwest  of  the  river  Ohio,  that  have  been  or  hereafter  may  be 
enacted  by  the  governor  and  judges "  and,  "  That  the  gov- 
ernor and  judges  are  authorized  to  repeal  the  laws  by  them  made." 

In  1794,  the  laws  of  the  Northwest  Territory  passed  from  July 
to  December,  1792,  were  referred  to  a  special  committee  of  the 
House,  who  reported  that,  with  one  exception,  they  ought  to  be  dis- 
approved, as  the  governor  and  judges  had  exceeded  their  authority 
in  passing  them.  A  resolution  to  that  effect  was  agreed  to  by  the 
House,  but  in  the  Senate,  on  the  report  of  a  special  committee,  it 
was  disagreed  to. 

Report  of  House  Committee,  February  19,  1801  :  " and 

from  time  to  time,  till  the  second  grade  of  government  was  estab- 
lished, the  Legislature  enacted  laws  not  derived  from  the  codes  of 
the  States."  Amer.  State  Papers:  Miscellaneous,  I.  pp.  83,  283. 
See  also  Hinsdale  :  loc.  ctt,,  p.  298.  Burnet :  loc.  cit.,  pp.  39,  63,  64 
and  312,  cf.  further,  p.  21  for  District  of  Louisiana. 


20 

Territory  was  divided  and  the  Territory  of  Indiana  estab- 
lished with  a  government  according  to  the  Ordinance.  21 

That  part  of  the  Territory  south  of  the  river  Ohio 
that  had  been  ceded  by  the  State  of  North  Carolina  was 
organized  as  the  State  of  Tennessee  and  was  admitted 
into  the  Union  in  1796.  22  This  left  unorganized  the  ces- 
sion of  South  Carolina,  which  was  now  known  as  "  the 
Territory  of  the  United  States  south  of  the  State  of  Ten- 
nessee." April  7,  1798,  Congress  accepted  the  cession  of 
Georgia  and  adding  it  to  the  South  Carolina  cession  organ- 
ized the  whole  as  the  Territory  of  Mississipi.  The  govern- 
ment that  was  established  was  exactly  the  same  as  that 
which  had  been  set  up  in  the  Territory  South  of  the  Ohio.33 
That  is,  it  was  according  to  the  Ordinance  except  for  the 
provisions  prohibiting  slavery.  At  the  same  time  the 
importation  of  slaves  into  the  Territory  from  without  the 
limits  of  the  United  States  was  forbidden.  In  1800  a 
further  act  was  passed  for  settling  the  limits  of  the  Terri- 
tory, 24  and  the  provisions  that  had  just  been  adopted  for 
the  Territory  of  Indiana  were  extended  to  Mississippi 
also,  that  is,  the  organization  of  a  general  assembly  was 
not  to  depend  upon  the  number  of  inhabitants  but  upon 
the  wish  of  the  majority  of  the  freeholders.  It  was 
further  enacted  that  the  general  assembly  of  Mississippi 
should  meet  at  least  once  each  year. 

2.)  Territories  West  of  the  Mississippi. 

The  United  States  acquired  the  Province  of  Louisiana 
from  France  in  1803.  As  soon  as  the  treaty  ceding  the 
country  was  ratified,  Congress  authorized25  the  President 
to  take  possession  of  and  occupy  the  Territories,  and  until 
further  provision  should  be  made  for  the  government,  all 
the  military,  civil,  and  judicial  powers  exercised  by  the 
officers  of  the  existing  government  were  to  be  vested  in 
such  persons  as  the  President  should  appoint  "  for  main- 

21.  May  7,  1800.     See  Appendix  B.  9).        22.  See  Appendix  A 
23.  Appendix  B.  7).         24.  Appendix  B.  10). 
#>.  Appendix  B.  17),  18)  and  19). 


21 

taining  and  protecting  the  inhabitants  in  the  free  enjoy- 
ment of  their  liberty,  property  and  religion."  Accord- 
ingly the  President  vested  the  powers  exercised  by  the 
governor  and  intendant  of  Louisiana  in  Governor  Clai- 
borne,  of  the  Mississippi  Territory,  who  assumed  the 
government  in  December,  but  before  the  expiration  of  the 
session  Congress  had  passed,  an  act  establishing  Terri- 
torial governments  in  the  country.26 

By  this  act  the  country  ceded  by  France  was  divided 
into  two  parts,  and  all  North  of  the  33d  parallel  of  north 
latitude  was  formed  into  a  district,  to  be  known  as  the 
District  of  Louisiana.  Its  government  was  to  be  adminis- 
tered by  the  governor,  secretary,  and  judges  of  the 
Indiana  Territory,  whose  respective  powers  were  extended 
over  the  District.  This  practically  amounted  to  attaching 
the  District  to  the  Territory'  of  Indiana  for  judicial  and 
administrative  purposes.  But  the  governor  and  judges 
were  authorized  to  make  all  laws  that  they  might  deem 
conducive  to  good  government  in  this  new  District,27  and 
it  was  specified  that  this  included  the  power  to  establish 
inferior  courts  and  prescribe  their  jurisdiction  and  duties. 
There  were  also  further  provisions,  that  the  laws  should 
be  consistent  with  the  Constitution  and  laws  of  the  United 
States,  that  they  should  not  interfere  with  the  free  exer- 
cise of  religion,  and  that  trial  by  jury  should  always  be 
allowed.28 

All  south  of  the  33d  parallel  was  organized  as  the  Ter- 
ritory  of  Orleans.  The  executive  power  was  vested  in  a 
governor,  and  in  a  secretary,  from  neither  of  whom 
property  qualifications  were  required,  their  powers,  how- 
ever, were  the  same  as  those  granted  by  the  Ordinance, 
except  that  the  governor  had  the  additional  power  to 
grant  pardons  for  offences  against  the  Territory,  and 
reprieves  for  those  against  the  United  States  until  the 
decision  of  the  President  should  be  made  known.  The 
legislative  powers  were  vested  in  the  governor  and  a 

26.  March  26,  1804. 

27.  Cf.  p.  19,  28.  See  further,  Appendix  B.  20). 


22 

council  of  thirteen,  appointed  annually  by  the  President, 
from  among  the  property  holders  who  had  resided  in  the 
Territory  one  year  and  held  no  office  of  profit  under  the 
Territory  or  United  States.  The  members  of  council 
were  to  be  paid  $4  per  day  during  their  attendance  at  ses- 
sions29. In  both  the  Territory  of  Orleans  and  the  District 
of  Louisiana  the  laws  were  to  be  reported  to  Congress, 
and  if  disapproved  of  were  to  be  of  no  force.  As  in  the 
Ordinance,  there  was  a  superior  court  which  consisted  of 
three  judges  appointed  by  the  President,  but  they  as  well 
as  the  justices  of  the  peace  were  to  hold  office  only  for 
four  years.  A  United  States  district  court  distinct  from 
the  Superior  Court  of  the  Territory  was  also  established, 
with  four  sessions  annually  at  Orleans,  the  judge  of  which 
was  given  the  same  jurisdiction  and  powers  as  the  judge 
of  the  United  States  Kentucky  district30. 

It  was  further  provided  that  the  judges  of  the  superior 
court  were  to  have  jurisdiction  in  all  criminal  cases,  and 
exclusive  jurisdiction  in  all  those  which  were  capital ;  and 
original  and  appellate  jurisdiction  in  all  civil  cases  of  the 
value  of  $100.  The  ordinance  of  1787  had  simply  stated 
that  there  was  to  be  a  court  of  three  judges,  any  two  of 
whom  were  to  form  a  court,  who  were  to  have  a  common- 
law  jurisdiction.  Though  the  power  had  not  been  dele- 
gated we  find  the  Territorial  legislatures  had  assumed  by 
a  sort  of  common  consent  the  power  to  regulate  the  courts 
and  their  jurisdiction,  as  well  as  to  fix  the  times  and 
places  of  holding  court.  31  These  specifications  concern- 

29.  This,  the  first  instance  of  the  United  States  paying  the  mem- 
bers of  a  Territorial  legislature.     It  was  in  force  only  one  year,  and 
does  not  occur  again  until  the  organization  of  Florida. 

30.  This  the  only  instance  of  a  Federal   district  court    being 
permanently  established  in  any  Territory.      By  the  judiciary  act  of 
1801,  Appendix  B.  12),  the  Territories  of  Ohio  and  Indiana  constituted 
one  of  the  four  districts  of  the  sixth  circuit,  but  this  act  was  repealed 
a  year  later  and  the  old  order  restored.     See  acts  of  March  3,  1805, 
and  April  18, 1806,  p.  25.     An  attorney  and  a  marshal  were  appointed 
for  Orleans.     Cf.  p.  29  and  Appendix  B.  49).     See  further  Clinton 
vs.  Eriglebrecht,  13,  Wall,  434. 

31.  Cf.  p.  21. 


23 

ing  the  judiciary  which  are  to  be  found  for  the  first  time 
in  the  Federal  Statutes  in  this  act  for  Orleans  were  the 
result  of  experience  in  the  other  Territories,  32  and  these 
same  provisions  enlarged  and  developed  we  will  find 
hereafter  incorporated  in  the  organic  acts  of  all  the  new 
Territories  as  formed.  33 

It  is  to  be  noted  that  by  this  act  full  legislative  powers 
in  both  of  the  Territories  were  given  to  officers  in  the 
choosing  of  whom  the  people  had  no  voice  The  citizens 
of  Louisiana  were  accustomed  to  the  arbitrary  methods  of 
the  Spanish  and  French  officers  in  the  Province,  and  were 
therefore  scarcely  fitted  to  assume  the  responsibilities  of 
self-government,  and  a  certain  amount  of  training  was 
undoubtedly  needed  to  prepare  them  for  the  duties  of 
citizenship.34  But  legislation  without  representation  was 
so  utterly  at  variance  with'  all  principles  of  government 
prevalent  throughout  the  United  States  that  the  provisions 
we  have  spoken  of  could  nolt  pass  unchallenged.  In  the 
District  of  Louisiana  it  did  not  make  so  much  difference. 
There  it  was  only  conferring  expressly  a  power  which  had 
previously  been  assumed  by  the  governor  and  judges  in 
all  of  the  Territories.  **  But  its  enactment  even  under  such 
circumstances  marks  a  very  distinct  step.  With  the  Ter- 
ritory of  Orleans  the  case  was  altogether  different.  The 
population  was  much  greater  than  in  the  District  of 
Louisiana.  So  numerous  in  fact  as  to  warrant  the  demand 
that  they  made  to  be  admitted  as  a  State  into  the  Union.36 
Were  not  the  provisions  of  this  act  inconsistent  with  the 
articles  of  the  treaty,  which  stipulated  that  "  the  inhabi- 
tants should  be  admitted  as  soon  as  possible  to  the  enjoy- 
ment of  all  the  rights,  advantages,  and  immunities  of 
citizens  of  the  United  States  ? "  It  was  the  Senate  that 
had  insisted  upon  this  obnoxious  feature,  to  which  the  more 

32.  Reports   of   House  Committees,  21st  Congress,  1st  session, 
No.  304. 

33.  For  further  provisions  for  Territory  of  Orleans,  see  Appen- 
dix B.  20). 

34    Carr  :     Missouri,  pp.  86  and  87.         35.  See  p.  19.  supra. 
36.  Journals  of  Congress,  Dec.  31.  1804. 


24 

democratic  House  of  Representatives  had  strenuously 
objected.  The  latter  were  finally  persuaded  to  consent, 
but  only  on  condition  that  the  act  should  not  remain  in 
force  for  more  than  one  year. 

At  the  expiration  of  the  year  such  a  storm  of  protest 
had  been  aroused  that  Congress  was  glad  to  make  very 
radical  changes.  Only  such  of  its  provisions  were  con- 
tinued in  force  as  did  not  conflict  with  the  two  acts  then 
passed,  one  for  the  Territory  of  Orleans,  37  the  other  for 
the  District  of  Louisiana,  which  was  now  changed  into  a 
Territory  of  the  same  name.  **  In  the  former  a  govern- 
ment in  all  respect  similar  to  that  exercised  in  Mississippi 
was  established,  except :  at  the  first  election  there  were 
to  be  twenty-five  representatives  chosen  ;  the  governor, 
secretary  and  judges  were  to  receive  the  salaries  granted 
by  the  act  of  1804 ;  39  and  the  second  paragraph  of  the 
Ordinance  of  1787  which  regulates  the  descent  and  dis- 
tribtition  of  estates  was  excluded  from  operation.  40  The 
act  for  the  Territory  of  Louisiana  simply  re-established 
the  government  of  the  year  before,  but  gave  the  Terri- 
tory officers  of  its  own  instead  of  entrusting  their  duties 
to  the  Indiana  officials.  The  powers  and  duties  of  the 
governor  and  secretary  were  defined,  but,  as  in  Orleans, 
no  property  qualifications  were  required  and  the  governor 
was  empowered  to  grant  pardons  and  reprieves.  The 
judges  and  other  officers  were  given  the  same  jurisdiction 
and  powers  and  compensation  as  by  law  established  for 
similar  offices  in  Indiana.  41  The  act  is  thus  a  combination 
of  the  Ordinance  of  1787  and  the  Orleans  act  of  1804. 
The  government  established  is  according  to  the  Ordinance 
but  the  form  of  enactment  is  like  that  of  Orleans. 

As  has  been  stated,  the  attention  of  Congress  during 
these  few  years  was  occupied  almost  exclusively  with  the 
Territories  west  of  the  Mississippi.  There  were  however 
three  important  acts  passed  relating  to  the  other  Terri- 


37.  March  2,  1805.        38.  March  3,  1805. 

39.  See  Appendix  B.  20).        40.  See  further  Appendix  B.  25). 

41.  See  further  Appendix  B.  26). 


25 

tories.  On  January  11,  1805,  the  Territory  of  Michigan 
was  cut  off  from  Indiana  with  a  government  exactly  the 
same  as  that  administered  in  Indiana.  42  On  March  3rd, 
of  the  same  year,  the  superior  courts  of  all  the  Territories 
in  which  Federal  district  courts  had  not  been  established  43 
were  given  the  same  jurisdiction  and  powers  as  exercised 
by  the  district  court  of  the  Kentucky  district ;  and  writs 
of  error  and  appeals  were  to  lie  to  the  Supreme  Court  of 
the  United  States  just  as  from  the  Kentucky  district 
court.44  And  April  18,  1806,  the  provisions  of  the  act  of 
February  28,  1799,  which  provided  for  the  compensation 
of  jurors,  attorneys,  etc.,  were  extended  to  the  Territories 
so  far  as  they  may  relate  to  this  act  of  1805. 

3.)  Until  the  Organization  of  the  Territory  of  Florida. 

From  the  time  of  the  establishment  of  a  Territorial 
government  in  the  Northwest  Congress  had  been  in  receipt 
of  petitions  from  the  people,  resolutions  of  societies,  and 
memorials  by  the  legislatures,  praying  for  the  extension 
of  the  suffrage.  Delegate  after  delegate  from  each  of  the 
Territories  had  introduced  resolutions  and  motions  to 
that  effect,  and  had  asked  for  the  appointment  of  com- 
mittees to  consider  the  question.  45  In  the  House  com- 
mittees had  been  appointed  and  had  even  reported 
favorably, 4tt  but  no  action  had  been  taken 47  until  on  Janu  • 
ary  9,  1808,  for  the  Mississippi  Territory  the  delegate  to 
Congress  was  made  elective  by  the  electors  of  the  lower 


42.  See  further  Appendix  B.  24). 

43.  That  is  in  all  of  the  Territories  except   Orleans. 

44.  Cf.  American  State  Papers.     Miscellaneous    I.  pp   116  and 
117.     II.  384  and  385. 

45.  Annals   of   Congress,  December  14,  1802,  February  8,  1803, 
January  4,  1805. 

46.  Annals  of  Congress,  February  9,  1805,  February  14,  1806. 

47.  In  1807  the  House  passed  a  bill,  one  section  of  which  ex- 
tended the    right   of  suffrage   to  the    citizens   of  the   Mississippi 
Territory,  but  this  part  of  the  bill  was  struck  out  in  the  Senate. 


26 

house  of  the  Territorial  legislature,  48  and  the  suffrage 
was  given  to  all  free  white  males  of  age,  who  were  citizens 
of  the  United  States  and  residents  in  the  Territory  one 
year  preceding  the  election,  and  who  had  legal  or  equit- 
able title  to  a  tract  of  land  from  the  United  States  of  fifty 
acres,  or  who  owned  town  lot  of  th'e  value  of  $100.49  From 
this  time  on  the  right  of  suffrage  and  the  number  of 
offices  that  were  made  elective  were  rapidly  extended. 
February  26,  1808,  in  Indiana,  the  qualifications  for  suf- 
frage were  made  the  same  as  in  Mississippi.  One  year 
later  the  delegate  in  Indiana  was  made  elective  and  the 
electors  of  the  lower  house  were  also  authorized  to  elect 
their  members  of  council. 50  In  1811  the  suffrage  in 
Indiana  was  further  extended  to  every  free  white  male  of 
age,  who  had  paid  a  county  or  Territorial  tax,  and  had 
resided  in  the  Territory  one  year  previous  to  any  general 
election,  and  was  a  resident  at  the  time  of  the  election.51 
The  Territory  of  Illinois  was  cut  off  from  Indiana  in 
1809,  52  and  in  1812  when  it  was  authorized  to  organize  a 
legislature  the  suffrage  qualifications  and  the  offices  elec- 
tive were  made  the  same  as  in  Indiana.  53  The  Territory 
of  Missouri  was  organized  in  1812,  54  and  the  question 
arose  in  Congress  as  to  the  advisability  of  requiring  voters 
to  be  freeholders.  Randolph,  of  Virginia,  held  for  prop- 
erty qualifications  and  quoted  the  practice  in  his  State. 
Maryland  was  at  once  cited  as  an  example  of  a  State  that 
had  tried  it  and  given  it  up.  When  it  was  finally  decided 
to  make  the  suffrage  qualifications  the  same  as  in  Indiana, 
this  principal  may  be  regarded  as  established,  for  two 
years  later  the  same  provisions  were  put  in  force  in 
Mississippi.  55 

To  speak,  as  has  just  been  done  of  the  organization 

48.  See  p.  18.  49.  For  further  provisions  of  this  and  following 
acts,  see  Appendix  B.  under  respective  dates. 

50.  February  27,  1809,        51.  March  3,  1811. 

52.  February  3,  1809.          53.  May  20,  1812.          54.  June  4,  1812. 

55.  October  25,  1814.  Michigan  the  only  other  Territory  then 
organized,  (See  Appendix  A.)  and  had  then  no  elective  officers  as  it 
had  not  yet  formed  a  legislature. 


27 

of  Missouri  in  1812  is  scarcely  correct, 'for  it  was  not  a 
new  Territory  that  was  organized  but  an  old  one  re- 
organized. Orleans  was  organized  as  the  State  of  Louisiana, 
and  the  Territory  which  had  borne  the  latter  name  was 
changed  into  the  Territory  of  Missouri.  With  the  change 
in  name  a  new  act  was  passed,  in  reality  merely  per- 
mitting the  Territory  of  Louisiana  to  proceed  to  organize 
a  legislature,  but  of  importance  because  it  set  forth  in 
greater  detail  than  had  ever  been  done  before  the  powers 
and  duties  of  the  various  officers,  and  thus  marks  a  distinct 
step  towards  our  Second  Period.  Further,  the  right  of 
the  governor  to  prorogue  the  general  assembly  was  taken 
away,  though  he  was  still  permitted  to  exercise  an  absolute 
veto  upon  their  legislative  acts  and  he  retained  the  power 
to  convene  them  on  extraordinary  occasions.  There  had 
been  many  complaints  previously  in  the  Territories,  that 
the  powers  of  the  governor  were  too  great,  and  Congress 
had  often  considered  the  advisability  of  restricting  them, 
but  nothing  had  ever  come  of  it  before.56  The  provisions 
regarding  the  general  assembly  were  taken  from  the 
Ordinance,  except  that  the  number  of  members  and  their 
qualifications  for  office  were  slightly  different,  and  it  was 
specified  that  the  legislature  had  power  to  establish  and 
regulate  inferior  courts  and  justices  of  the  peace  and  other 
civil  offices,  and  it  was  ordered  that  the  sessions  should  be 
annual.  As  in  the  Orleans  act  of  1804  the  superior  judges 
were  to  be  appointed  for  four  years  only,  and  the  jurisdic- 
tion and  powers  which  we  there  noted  as  having  been 
given  to  them  as  the  result  of  experience  "  we  find  incor- 
porated in  this  act.  The  presence  of  two  judges  also  was 
required  to  hold  a  court,  as  the  practice  of  allowing  one 
to  do  so  had  proven  unwise  58  Sections  14  and  15  of  this 

56.  See  Journals  of  Congress,  Februaiy  17,  April  12,  November 
18,  1808,  and  January  20,  1812.     Burnet :  loc.  cit.,  p.  306.     Hinsdale  : 
loc.  cit.,  p.  305. 

57.  P.  23,  N.  32,  supra,  and  Amer.  State  Papers  :    Misc.  vol.  II. 
p.  373.     Burnet :  loc.  cit.,  pp.  62  and  63. 

58.  By  the  Ordinance  two  judges  were  required  to  hold  a  court. 
Owing    to   the    extent  of    Territory  and  ;the   amount  of  business 


28 

act,  the  one  a  bill  of  rights  and  the  other  placing  certain 
restrictions  on  the  legislative  power,  were  taken  directly 
from  the  Ordinance.  59 

During  the  next  ten  years  (1812-1821)  aside  from  the 
fact  that  two  new  Territories  were  organized,  Alabama  in 
1817  60  and  Arkansas  in  1819, 61  two  features  in  the  enact- 
ments of  Congress  relating  to  the  Territories  are  worthy 
of  especial  note  :  a)  The  putting  in  force  in  other  Terri- 
tories provisions  which  the  experience  of  one  had  proven 
wise  ;  and  b)  The  systematizing  of  the  judiciary. 

a)  Legislation  as  the  result  of  experience. 

That  the  specifications  concerning  the  judiciary  in  the 
Orleans  Act  of  1804,  and  the  requiring  in  Missouri  of  the 
presence  of  two  judges  to  hold  court,  were  the  result  of 
experience,  we  have  already  noticed. 62  We  have  also  seen 
how  the  extension  of  the  suffrage  passed  from  one  Territory 
to  another.  63  The  legislation  to  which  attention  is  now 
called  is  but  a  further  carrying  out  of  the  same  policy. 
The  Delegate  to  Congress  made  elective  first  in  Mississippi, 
and  then  in  Indiana  and  Illinois 64  was  made  elective  in  all 
the  Territories  "  every  second  year  for  the  same  term  of 
two  years  that  the  members  of  the  House  "  were  elected 
for. 65  The  number  of  the  members  of  council  in  Missis- 
sippi was  made  the  same  as  in  Missouri. 66  The  members 
of  council  elective  in  Indiana  and  Illinois 67  were  made 


before  them  it  was  thought  advisable  to  permit  one  judge  to  do  so. 
It  was  so  ordered  by  act  of  May  8,  1792.  An  appeal  lay  to  the 
superior  court  from  the  inferior  courts,  in  which  the  presence  of  two 
judges  was  required.  So  a  suitor  was  forced  to  appeal  from  the 
decision  of  two  men  to  that  of  one.  It  would  sometimes  happen 
that  the  superior  court  would  be  presided  over  by  one  judge  at  one 
term,  and  by  the  other  two  judges  at  the  next.  Hence  the  same 
point  of  law  would  often  be  decided  upon  differently,  and  great 
confusion  would  in  consequence  arise.  Cf.  also  Appendix  B.  38). 

59.  For  further  provisions  see  Appendix  B.  45). 

60.  Appendix  B.  59)  and  61).        61.  Appendix  B.  67)  and  70). 
62.  See  pp.  23  and  27  supra.        63.  See  pp.  25  and  26  supra. 
64.  See  p.  26,  supra.        65.  March  3,  1817. 

66.  Appendix  B.  45)  and  52).        67.  See  p.  26  supra. 


29 

elective  also  in  Missouri.  68  The  presence  of  two  judges 
was  required  in  Indiana  to  hold  court. 69  District  and 
Territorial  judges  were  required  to  reside  within  their 
respective  districts  and  Territories.70  And  an  attorney 
and  a  marshal  for  the  United  States  were  to  be  appointed 
in  every  Territory. 71  The  same  feature  of  policy  will  be 
at  once  seen  in  considering  the  enactment  for  the  judiciary 
during  this  decade. 

b)  The  systematization  of  the  Territorial  judiciary. 
In  1815  an  act  was  passed  for  Illinois  72  by  which  the 
Territory  was  divided  into  three  circuits  and  the  superior 
judges  were  to  hold  courts  in  each  with  jurisdiction  in  all 
cases  over  $20  ;  the  three  judges  together  were  to  form  a 
court  of  appeals  with  appellate  jurisdiction  over  these 
circuit  courts  and  all  inferior  courts,  but  no  question  of 
appeal  could  be  decided  without  the  concurrence  of  two 
judges.  The  following  year 73  it  was  enacted  that  this  law 
should  only  remain  in  force  until  the  end  of  the  next 
session  of  the  Territorial  legislature,  and  that  then  that 
legislature  should  have  power  itself  to  organize  the  courts. 
But  on  the  very  same  day  the  general  assembly  of 
Missouri  was  ordered  to  establish  a  system  of  circuit  and 
appellate  courts  similar  to  that  of  Illinois  74  In  Missouri 
and  also  in  Indiana  the  superior  judges  were  given  chan- 
cery powers  in  all  civil  cases. 75  When  the  Territory  of 
Alabama  was  cut  off  from  Mississippi  and  Arkansas  from 
Missouri7"  in  each  case  the  judiciary  was  organized  on  the 
principles  just  outlined  :  each  of  the  superior  judges  held 
courts  in  the  several  counties  with  general  jurisdiction, 
and  from  these  there  lay  an  appeal  to  the  superior  court, 
which  also  had  exclusive  jurisdiction  given  to  the  Terri- 
torial superior  courts  by  the  act  of  1805.  In  1818  the 
jurisdiction  of  the  general  court  of  Alabama  was  extended 
to  all  cases  of  admiralty  and  maritime  jurisdiction, 

68.  April  29,  1816.  69.  Appendix  B.  54). 

70.  Appendix  B.  48).  71.  See  p.  22  N.  30  and  Appendix  B.  49). 

72.  March  3,  1815.  73.  April  29,1816.         74.  Appendix  B.  58) 

75.  April  29,  1816.  76.  See  p.  28. 


30 

subject  to  appeals  to  the  Supreme  Court  of  the  United 
States,  as  allowed  in  similar  cases  from  the  United  States 
circuit  courts. " 

4.)  From  the  Organization  of  Florida  to  the 
End  of  the  First  Period. 

The  treaty  with  Spain,  by  which  the  United  States 
acquired  the  Floridas  was  concluded  February  22,  1819, 
and  the  ratifications  were  exchanged  exactly  two  years 
later. 78  For  protecting  "  the  inhabitants  in  the  free 
enjoyment  of  their  liberty,  property,  and  religion,"  the 
same  course  was  pursued  as  previously  in  Louisiana. 
Until  the  organization  of  a  government,  the  President 
was  authorized  to  take  possession  of  the  country,  and  to 
vest  the  powers  of  the  existing  goverment  in  such  persons 
as  he  thought  best, 79  and  the  President  appointed  Major 
General  Andrew  Jackson  governor  of  the  Floridas,  and 
vested  in  him  all  the  powers  of  the  Captain  General,  In- 
tendant,  and  Governors.  In  1822  Congress  established  a 
Territorial  government  in  the  Floridas, 80  modeled  directly 
on  that  first  established  for  Orleans,  and  indeed  the  act 
for  Florida  was  in  most  parts  copied  word  for  word  from 
the  act  of  1804.  The  striking  feature  of  the  Orleans  gov- 
ernment it  will  be  remembered  was  a  legislative  council 
in  the  choice  of  which  the  people  had  no  voice. 81  The 
legislative  council  of  Florida  was  to  be  composed  in  the 
same  way,  though  the  members  were  not  required  to  be 
property  holders  ;  the  governor  was  not  given  power  to 
convene  and  prorogue  them,  and  the  sessions  were  limited 
to  one  each  year,  and  to  four  weeks  in  length.  There 
was  no  district  court  established  as  in  Orleans, 82  but  there 
were  two  superior  courts  of  one  judge  each,  with  jurisdic- 
tion similar  to  the  other  Territorial  superior  courts.  The 

77.  Appendix  B.  64). 

78.  See  Appendix  B.  72). 

79.  See  Appendix  B.  68)  and  73)  and  cf.  39). 

80.  March  30,  1822.        81.  See  pp.  23  et  seg.  supra. 
82.  See  p.  22,  and  N.  30. 


31 

Territory  was  entitled  to  a  delegate  in  Congress  and  for 
his  election  for  the  first  time  in  the  history  of  our  Terri- 
tories the  qualifications  for  the  exercise  of  the  suffrage, 
were  left  to  the  legislature  to  determine. 83 

The  next  year  this  act  was  modified  in  several  particu- 
lars. M  A  previous  residence  of  six  months  was  required 
of  the  members  of  council  and  of  twelve  months  of  the 
delegate  to  Congress.  By  a  two-thirds  vote  the  council 
was  enabled  to  pass  a  bill  over  the  governor's  veto.  All 
bills  to  tax  the  inhabitants  or  their  property  were  required 
to  have  the  consent  of  Congress  before  they  became  laws,85 
and  writs  of  error  and  appeals  from  the  superior  courts  to 
the  United  States  Supreme  Court  were  allowed  in  the 
same  manner  as  from  the  circuit  courts  of  the  United 
States,  where  the  amount  in  controversy  exceeded  $1,000. 

To  appreciate  the  significance  of  the  legislation  of 
these  closing  years  of  the  First  Period  it  must  be  borne  in 
mind  that  there  were  but  three  Territories  in  existence — 
Michigan,  Arkansas  and  Florida.  In  Florida  the  form  of 
government  was  that  first  established  in  Orleans  in  1804, 
a  form  justified  on  the  ground  that  the  people  were  not 
fitted  to  assume  the  responsibilities  of  self-government. 86 
In  Arkansas,  which  was  a  part  of  the  Louisiana  country, 
we  have  traced  the  advance  from  similar  beginnings  of 
non -representative  government  through  the  first  stage  of 
government  of  the  Ordinance  of  1787  to  a  modified  form 
of  the  second  stage  according  to  that  Ordinance — whereby 
both  houses  of  the  legislature  were  elective  by  the  people, 
property  qualifications  were  not  required  for  the  exercise 
of  the  suffrage,  and  a  systematized  judiciary  was  estab- 
lished. 87  In  Michigan  although  the  Territory  had  been 
organized  in  1805  there  still  remained  the  primitive  form  of 
government  that  had  been  first  established  for  the  North 


83.  For  further  provisions  see  Appendix  B.  74). 

84.  March  3,  1823. 

85.  Cf.  Appendix  B.  75).     Repealed  April  28, 1828. 

86.  See  p.  23. 

87.  See  pp.  21,  24,  26-28,  and  Appendix  B.  67). 


32 

west  Territory  by  the  Ordinance  of  1787,  that  is,  there 
was  no  legislature,  only  a  governor  and  three  judges  with 
power  to  adopt  laws  from  the  original  States.  The  popu- 
lation of  the  Territory  had  increased  sufficiently  to  warrant 
the  organization  of  a  legislature,  but  when  the  question 
was  submitted  to  the  people  in  1818,  it  was  answered  by  a 
decided  negative.  The  most  of  the  people  were  French, 
the  duties  and  burdens  of  self-government  seemed  to  have 
no  attractions  for  them,  they  found  no  reason  to  complain 
of  the  existing  state  of  affairs,  and  so  cared  for  no 
change. 88  The  following  year,  however,  they  were  given 
the  privilege  of  electing  a  delegate  to  Congress. 89 

The  governments  of  these  three  Territories  thus 
differed  widely  from  each  other.  The  policy  of  Congress 
which  we  noticed  as  being  characteristic  of  the  third 
division  of  this  Period,  viz :  the  putting  in  force  in  other 
Territories  provisions  which  the  experience  of  one  had 
proven  wise,  is  still  more  noticeable  in  the  present 
division,  and  it  goes  one  step  further  in  that  the  legislation 
shows  a  very  marked  tendency  towards  the  establishment 
of  a  uniform  system  of  Territorial  government. 

In  1823, 90  the  Governor  of  Michigan,  as  in  the  other 
Territories  that  had  been  recently  organized,  was  given 
power  to  grant  pardons  for  offences  against  the  Territory 
and  reprieves  for  those  against  the  United  States.  The 
same  powers  as  those  of  the  general  assembly  under  the 
Ordinance  were  vested  in  a  council  of  nine,  who  were  to 
serve  for  a  term  of  two  years  and  were  to  be  appointed 
by  the  President  from  eighteen  persons  to  be  chosen  by 
the  electors  of  the  delegate  to  Congress.  The  members 
were  to  be  paid  for  mileage  and  attendance,  the  sessions 
in  any  one  year  were  not  to  exceed  sixty  days,  and  no  law 
was  to  be  valid  after  it  had  been  disapproved  by  Congress. 
The  Superior  judges  were  given  chancery  as  well  as 
common-law  jurisdiction  and  their  terms  were  limited  to 
four  years. 


88.  Cooley  :  Michigan,  p.  198.        89.  Appendix  B.  65). 
90.  March  3,  1823.     See  Appendix  B. 


33 

When  in  1824  an  additional  superior  court  was  estab- 
lished in  Florida — making  three  in  all — the  opportunity 
was  seized  to  organize  the  judiciary  upon  a  system  similar 
to  that  of  Arkansas  :  A  system  of  superior  courts  with 
general  jurisdiction,  the  judges  of  which  together  formed 
a  court  of  appeals.  From  this  appellate  court  writs  of  error 
and  appeal  were  allowed  to  the  Supreme  Court  of  the 
United  States  as  from  the  circuit  courts,  where  the  amount 
in  controversy  was  over  $1,000. 91  In  1826  these  pro- 
visions were  again  changed,  but  the  changes  consisted 
chiefly  in  granting  an  increase  in  jurisdiction  to  the  three 
superior  courts. 92  They  were  given  admiralty  and  mari- 
time jurisdiction,  and  cognizance  of  all  cases  under 
Federal  laws,  with  power  to  grant  new  trials,  where  there 
had  been  trials  by  jury,  for  yne  reasons  for  which  new  trials 
had  usually  been  granted  oy  courts  of  law.  By  this  same 
act  of  1826  the  legislative  council  was  made  elective,  and 
a  previous  residence  of  one  year  was  required  of  the 
members.  Members  of  council  were  declared  ineligible 
to  any  office  created  during  the  period  of  their  service, 
or  the  fees  of  which  had  been  regulated  while  they  were 
members,  or  for  one  year  thereafter. 93 

The  right  of  appeal  from  the  highest  court  of  the 
Territory  to  the  Supreme  Court  of  the  United  States  was 

91.  See  Appendix  B.  81).        92.  See  Appendix  B.  77). 

93.  By  the  Orleans  act  of  1804  the  members  of  council  were  to 
be  paid  $4  per  day  during  attendance.  Similarly  in  the  first  act  for 
Florida  the  members  of  council  were  to  be  paid  $3  per  day  and  $3 
for  every  twenty  miles  in  going  to  and  returning  from  each  session. 
This  privilege  had  been  greatly  abused.  For  a  distance  of  two  or 
three  hundred  miles,  some  of  the  members  had  charged  ten,  some 
twelve,  and  some  thirteen  hundred  and  fifty  miles  travel.  Congress 
learned  of  this  and  in  the  act  we  are  now  considering  inserted  a 
clause  that  mileage  should  only  be  paid  for  every  twenty  miles, 
"  estimated  by  the  actual  distance  from  the  place  of  residence  to  the 
seat  of  government,  and  so  distinctly  certified  by  the  governor." 
In  1828  a  similar  restrictive  clause  -was  enacted  for  Arkansas,  and 
from  that  time  on  in  modified  form  it  is  to  be  found  in  the  organic 
act  of  each  Territory.  Since  the  organization  of  Wisconsin,  1836,  it 
had  been  worded  "  by  the  nearest  actually  traveled  route." 


34 

granted  in  Michigan  in  1825,94  as  it  had  previously  been 
granted  in  Florida,  when  two  years  later95  in  the  same 
Territory  the  people  were  authorized  to  elect  their  mem- 
bers of  council  the  same  restriction  was  enacted  that  had 
been  passed  for  Florida,  that  no  member  of  council 
should  be  eligible  for  any  office  that  was  created  or  the 
fees  of  which  were  regulated  during  his  period  of  service 
and  for  one  year  after.  The  members  of  the  legislature 
of  Arkansas  were  granted  in  182896  mileage  and  payment 
for  attendance,  and  at  the  same  time  it  was  ordered  that 
the  sessions  should  be  biennial  and  limited  to  thirty  days. 

It  has  already  been  stated  (p.  16)  that,  while  the  most 
important  features  of  the  legislation  of  the  closing  years 
of  the  First  Period  was  the  tendency  to  establish  a  uniform 
system  of  Territorial  government,  the  democratic  element 
was  not  wanting.  This  has  been  clearly  evidenced  in  the 
enactments  that  have  given,  especially  in  those  for  Michi- 
gan and  Florida.  Still  further,  in  Michigan  in  1825,  the 
qualified  electors  in  each  county  were  permitted  to  elect 
all  their  township  and  county  officers,  with  the  exception 
of  the  judicial  officers ;  and  the  same  privilage  was 
granted  to  Florida  and  Arkansas  in  1829.97  The  last  act 
to  be  considered  forms  a  fitting  close  to  a  period  that  has 
witnessed  the  steady  placing  in  the  hands  of  the  people 
more  and  more  power  in  the  control  of  the  government. 
It  was  enacted  for  Arkansas  in  1832  and  ordered  that  every 
free  white  male  citizen,  twenty-one  years  of  age,  who  had 
resided  in  the  Territory  six  months  preceding,  should  be 
given  the  privilage  of  voting  for  all  elective  officers  of  the 
Territory. 

Much  of  the  legislation  that  has  been  enumerated  is  a 
striking  and  continuous  proof  of  the  evident  losing  of 
faith  in  the  efficacy  of  general  principles.98  The  Ordi- 
nance of  1787  was  passed  in  the  formative  period  of  our 

94.  February  5,  1825.        95.  January  29,  1827. 

96.  Appendix  B.  96),  and  p.  33  N.  93. 

97.  In  Arkansas  legislature  authorized  to  overrule   Governor's 
veto  by  yz  vote.     See  further  Appendix  B.  97). 

98.  Cf.  Bryce  :  The  American  Commonwealth,  I.  p.  456. 


35 

institutions,  a  period  that  is  marked  by  the  wide-spread 
interest  in  theories  of  government,  and  the  Ordinance 
stands  almost  on  a  par  with  our  Constitution  for  the  sim- 
plicity and  universality  of  its  provisions.  But  it  did  not 
take  Congress  very  long  to  learn  that  if  they  wished  to 
have  a  thing  done  in  a  manner  which  they  considered 
good,  it  was  just  as  well  to  do  it  themselves.  It  was 
impossible  for  Congress  to  enter  into  all  the  details  of 
Territorial  government  but  we  have  seen  how  more  and 
more  Congress  specified  the  way  in  which  the  govern- 
ment should  be  administered.  The  enactments  regarding 
the  judiciary  are  an  excellent  example  of  this.  They 
form  the  greatest  part  of  the  legislation  that  we  have  con- 
sidered, yet  they  only  makeKthree  additions  to  the  princi- 
ples of  the  Ordinance : '  that  the  superior  courts  of  the 
Territories  should  have  jurisdiction  in  cases  in  which  the 
United  States  were  a  party  ;^that  there  should  be  appeals 
from  the  Territorial  superior  courts  to  the  Federal 
Supreme  Court  ;^and  that  the  judges  should  exercise 
chancery  powers  as  well  as  common-law  jurisdiction. 

The  extension  of  the  suffrage  and  the  increase  in  the 
number  of  elective  offices  have  been  so  fully  brought  out 
in  detailing  the  enactments  that  further  reference  to  them 
here  is  unnecessary,  but  the  ever  increasing  inclination  of 
Congress  to  assume  absolute  control  of  the  Territories 
should  be  noticed.  It  is  best  evidenced  by  the  interfer-  j/ 
ence  of  Congress  in  the  working  of  the  legislatures.  The  Ij 
payment  of  their  expenses  from  the  Federal  treasury  was 
the  first  decisive  step  in  this  direction."  The  restrictions 
on  the  length  and  frequency  of  the  sessions  followed  as  a 
natural  consequence,  and  soon  Congress  stepped  in  to 
prohibit  certain  kinds  of  legislation  which  had  formerly 
been  considered  the  undoubted  right  of  local  governing 

f  bodies^   This  was  to  go  on  undisputed  until  the  question 
of  the  prohibition  of  slavery  in  the  Territories  arose,  the 
solution    of    which   established   the   absolute   legislative 
J  authority  of  Congress  over  the  Territories. 


).  See  p.  22,  N.  29. 


36 

As  a  result  of  the  confused  and  somewhat  experi- 
mental legislation  of  the  forty-five  years  of  the  First 
Period,  the  following  changes  in  the  form  of  Territorial 
government  under  the  Ordinance  have  become  established: 

1).  Congress  has  the  right  to  divide  any  Territory  or 
change  its  boundaries  as  it  chooses.100 

-2).  The  governor  cannot  prorogue  the  legislature. 

3).  The  governor  may  grant  pardons  for  offenses 
against  the  Territory  and  reprftives  for  those  against  the 
United  States,  until  the  decision  of  the  President  be  made 
known. 

4).  The  legislature  and  5),  the  Delegate  to  Con- 
gress shall  be  elected  by  the  people 

6).  All  local  officers  are  to  be  elected  by  the  people 
or  they  are  left  to  the  legislature  to  determine. 

7).  Property   qualifications   for    the    exercise   of  the 
suffrage  have  been  abolished. 
-    8).  Every  voter  is  eligible  to  every  office. 

9).  Expenses  of  the  legislature  are  paid  by  the  United 
States. 

10).  The  sessions  of  the  legislature  are  limited  in 
length  and  frequency. 

11).  The  members  of  the  legislature  shall  not  be  eligi- 
ble during  their  term  or  for  one  year  thereafter  to  any 
office  which  has  been  created  or  the  emoluments  of  which 
have  been  increased  during  that  time. 

12).  There  shall  be  an  organized  judiciary  consisting 
of  a  superior  court,  district  courts,  and  other  inferior 

courts. 

f 

13).  The  superior  court  must  be  held  by  a  quorum  of 
the  superior  judges,  while  each  of  the  district  courts  may 
be  held  by  one  of  the  superior  judges. 

14).  The  legislature  may  be  authorized  to  fix  the 
jurisdiction  of  all  the  courts,  always  provided  : 

100.  See  Appendix  B.  23),  25),  42),  63),  82),  110),  and  cf.  47). 


37 


a).  That  justices  of  the  peace  do  not  have  jurisdic- 
tion in  land  questions,  or  where  the  amount  in 
controversy  exceeds  a  certain  fixed  sum  (com- 
monly $100). 

I    b}.  That  the  supreme  and  district  courts  have  chan- 
/  eery  as  well  as  common-law  jurisdiction. 

c).  That  writs  of  error  and  appeal  lie  from  the 
district  courts  to  the  Territorial  supreme  court 
and  from  that  court  to  the  Supreme  Court 
of  the  United  States  where  the  amount  in 
controversy  exceeds  $1,000.  And 

d).  That  the  district  courts  in  all  cases  arising 
under  the  laws  and  Constitution  of  the  United 
States  have  the  same  jurisdiction  as  is  vested  in 
the  United  States  circuit  and  district  courts, 
with  appeal  to  the  Territorial  supreme  court  as 
in  other  cases. 

15).  An  attorney  and  a  marshal  for  the  United  States 
are  appointed  in  every  Territory. 

16).  The  legislature  is  authorized  to  locate  the  seat  of 
government  of  the  Territory. 10i 

Two  other  very  important  changes  should  be  noted 
that  have  been  introduced  but  cannot  yet  be  regarded  as 
established  for  they  are  not  to  be  found  in  the  organic 
acts  of  the  Territories  that  were  next  organized.  They  are: 

1).  The  enabling  the  legislature  by  a  two- thirds  vote 
to  overrule  the  governor's  veto  ;  and 

2).  The  shortening  of  the  term  of  the  superior  judges 
to  four  3rears. 


101.  See  Appendix  B.  9),  10),  24),  35),  61),  67),  74),  77), '  cf.  97). 

When  Congress  in  1800  removed  the  seat  of  government  of 
Northwest  Territory  to  Chillicothe  it  was  considered  in  that  terri- 
tory as  a  manifest  usurpation  of  authority.  Burnet  :  loc.  cit.  p  316. 


38 

III- 

SECOND  PERIOD   1836-1895. 

The  Second  Period  in  the  legislation  of  Congress  for 
the  Territories  begins  with  the  establishment  of  the  Ter- 
ritory of  Wisconsin  in  1836.  During  the  First  Period 
there  were  differences  in  the  forms  of  enactment,  which 
organized  the  various  Territorial  governments,  and  there 
were  differences  in  the  forms  of  government  that  were 
established.  It  was  a  period  of  experiment.  But  when 
Congress  came  to  organize  the  Territory  of  Wisconsin 
there  was  no  longer  any  question.  The  government  that 
was  established  was  based  upon  the  Ordinance  of  1787 
with  the  changes  which  we  have  seen  emerging  from  the 
detailed  legislation  of  the  First  Period.  It  was  the  first 
time  that  these  changes  were  comprehended  in  one  enact- 
ment, but  so  thoroughly  had  the  work  of  Congress  been 
done,  so  firmly  had  these  principles  become  established 
that  the  organic  acts  of  the  sixteen  Territories  that  have 
since  been  established  are  but  copies  of  the  Wisconsin 
Act  of  1836. l  Changes  and  modifications  there  were,  as 
we  shall  see,  but  they  were  so  slight  as  to  be  of  com- 
paratively little  importance. 

Such  a  uniformity  of  legislation  produced  a  uniformity 
of  government.  It  was  therefore  but  a  step  for  Congress 
instead  of  passing  enactments  for  the  Territories  separ- 
ately, to  enact  laws  which  should  affect  the  Territories  as 
a  whole,  and  this  is  the  characteristic  feature  of  the  later 
legislation  of  Congress.  Congress,  however,  did  not  pro- 
ceed to  this  form  of  legislation  until  a  most  important 
question  had  been  settled, — the  question  as  to  the  extent 
of  authority  which  it  could  exercise  over  the  Territories. 
The  question  arose  in  the  contention  over  the  prohibition 
of  slavery  in  the  Territories.2  The  abolition  of  slavery 

1.  Cf.  p.  15. 

2.  Johnston  :   Lalor's  Political    Encyclopaedia,  Article,  Slavery. 
The  essence  of  the  struggle  was  simply  were  the  Territories  the  prop- 
erty of  "  all  the  States  "  or  of  the  "Nation." 


39 

throughout  the  United  States  furthered  the  claim  of  Con- 
gress to  the  right  to  enact  such  a  prohibition.  As  a  result 
of  the  war  of  1861  the  absolute  control  of  the  Territories 
by  Congress  was  established. 

Our  Second  Period  thus  falls  into  two  divisions  :  The 
first  extending  from  the  organization  of  Wisconsin  in  1836 
until  the  establishment  of  the  principle  of  absolute  con- 
trol in  1867  ;  and  the  second  extending  from  that  date  to 
the  present,  during  which  time  the  characteristic  feature 
is  the  legislation  for  the  Territories  as  a  whole. 

The  Principle  of  Absolute  Control  of  the  Territories  by 
Congress  Established.     1836-1867. 

It  is  the  form  of  the  Wisconsin  Act  that  is  important. 
The  Territory  that  was  organized  included  all  of  the  pres- 
ent States  of  Wisconsin,  Minnesota  and  Iowa,  and  a  large 
part  of  North  and  South  Dakota.  It  thus  contained  all 
that  remained  of  the  old  "  Northwest."  The  government 
that  was  established  was  based  on  the  ordinance  that  had 
been  enacted  in  1787  to  organize  that  "  Northwest "  as  a 
Territory.  But  the  Ordinance  of  1787  was  no  longer  fitted 
to  serve  as  a  Territorial  organic  act.  In  spite  of  the 
broadness  and  universality  of  its  provisions,  and  in  spite 
of  the  great  services  it  had  rendered  and  was  still  render- 
ing, as  an  instrument  of  government  it  had  become  anti. 
quated.  Some  of  its  clauses  had  been  embodied  in  the 
Federal  constitution  and  no  longer  needed  to  be  specified 
for  a  government  that  must  be  administered  under  that 
constitution,  many  of  its  principles  had  been  changed,  and 
it  had  been  found  necessary  to  treat  all  of  the  topics  in 
greater  detail. 

The  Orleans  Act  of  1804  was  the  first  Territorial 
organic  act  in  which  Congress  had  dared  to  deviate  from 
the  lines  of  the  Ordinance  of  1787.  It  remained  in  force 
only  one  year,  but  the  first  step  had  been  taken,  and  in 
the  new  act  that  was  passed  for  Louisiana  in  1805,  as  we 
have  already  seen,  the  difference  in  form  was  more  import- 
ant than  the  slight  deviation  from  the  Ordinance  in  the 
government  that  it  established.  This  form  of  enactment 


40 

had  been  further  developed  in  the  act  for  Missouri  in  1812 
and  in  the  act  for  Arkansas  of  1819.  It  was  then  upon  the 
outlines  of  the  Orleans  Act  of  1804,  as  modified  by  the 
acts  for  Missouri  and  Arkansas,  that  the  Wisconsin  Act  of 
1836  was  modeled. 

The  act  is  divided  into  seventeen  sections,3  thirteen 
of  which  are  devoted,  respectively,  to  the  governor;  secre- 
tary; delegate  to  Congress;  general  assembly;  its  powers; 
restrictions  on  its  members;  exercise  of  the  suffrage;  elec- 
tion and  appointment  of  local  officials;  organization  of  the 
judiciary;  attorney  and  marshal;  appointment  and  quali- 
fications of  the  governor,  secretary  and  judges — their 
salaries  and  expenses  of  the  legislature;  establishment  of 
Territorial  boundaries;  and  location  of  seat  of  govern- 
ment. Of  the  four  remaining  sections  three  were  of  only 
local  importance  and  may  in  this  connection  be  disre- 
garded. The  fourth,  however,  extended  to  the  inhabit- 
ants all  the  rights,  privileges  and  advantages,  and 
subjected  them  to  all  the  conditions,  restrictions  and  pro- 
hibitions contained  in  the  articles  of  compact  of  the  Ordi- 
nance of  1787.  The  chief  object  of  this  was,  of  course,  the 
prohibition  of  slavery. 

As  to  the  government  established  by  this  act,  there 
are  but  four  points  to  which  attention  should  be  called  : 4 

1).  Every  free  white  male  citizen  of  the  United  States, 
twenty-one  years  of  age,  and  an  inhabitant  of  the  Territory 
at  the  time  of  its  organization,  was  permitted  to  vote  at 
the  first  election  and  was  declared  eligible  to  any  office, 
but  the  qualifications  of  voters  at  all  subsequent  elections 
were  left  to  the  legislature  to  determine ;  provided,  that 

3.  This  division  of  the  act  into  sections,  made  necessary  by  the 
greater  detail  as  to  the  administration  of  the  government,  is  of  the 
greatest  importance  for  the  legislation  that  followed.     This  feature 
was  so  closely  followed  in  the  later  organic  acts  that  it  would  be 
possible  to  institute  a  comparison  between  the  various  Territorial 
governments  by  simple  reference  to  the  numbers  of  the  sections  of 
each  act.     Cf.  Fisk:  Stimmrecht  und  Einzelstaatin  den  Vereinigten 
Staaten  von  Nord  Amerika.     Leipzig  1896.  p.  103,  n.  2. 

4.  See  Appendix  B.  116). 


41 

the  right  of  suffrage  should  be  exercised  only  by  citizens 
of  the  United  States. 

2).  The  governor's  veto  power  was  unqualified. 

3).  The  members  of  council  and  of  the  house  of  rep- 
resentatives were  to  be  elected  for  four  years  and  two 
years  respectively,  and 

4).  The  superior  judges,  appointed  by  the  President 
were  to  hold  office  during  good  behavior. 

Florida  was  the  only  Territory  that  remained  from 
those  of  the  First  Period.  Shortly  after  the  organization 
of  the  Wisconsin  Territory  (April  20,  1836),  Congress  // 
disapproved  and  annulled  three  acts  specifically,  and  all  * 
other  acts  and  parts  of  acts  passed  by  the  legislature  of 
Florida  during  the  year  1836  creating  banks  or  corpora- 
tions with  banking  powers,  or  conferring  banking  powers 
on  any  corporation  or  institution  whatever. 5  Congress 
then  further  ordered,  in  the  same  act,  that  no  act  of  the 
legislature  of  any '  Territory  incorporating  any  bank,  or 
any  institution  with  banking  powers  or  privileges,  should 
have  any  force  until  approved  and  confirmed  by  Congress. 

In  1838  all  that  part  of  the  Territory  of  Wisconsin 
that  was  west  of  the  Mississippi  river  was  organized  as 
the  Territory  of  Iowa. 6  The  act  was  an  exact  copy  of  the 
Wisconsin  act,  except  that :  the  members  of  council  were 
to  be  elected  for  two  years,  and  members  of  the  house  for 
one  ;  and  the  judges  of  the  superior  court  were  to  be 
appointed  for  four  years.  7 

Ten  years  then  elapsed  before  another  Territory  was 
established  and  during  that  time  the  enactments  re- 
late almost  exclusively  to  the  Territorial  legislatures. 8 
The  legislature  of  Florida  was  reorganized  on  the  plan 
of  those  of  Iowa  and  Wisconsin ; 9  the  terms  of  the 
members  of  the  Florida  and  Wisconsin  legislatures  were 
made  the  same  as  in  Iowa ; 10  the  legislatures  of  Wisconsin 


5.  Cf.  Appendix  B.  31).        6.  June  12,  1838. 

7.  See  Appendix  B.  121).        8.   Cf.  Appendix  B.  122)— 141). 

9.  Hitherto  a  legislature  of  one  house.     See  Appendix  B.  127). 

10.  Appendix  B.  127)  and  137). 


42 

and  Iowa  were  given  the  same  power  as  in  Florida  to 
overrule  the  governor's  veto  by  a  two-thirds  vote  ; "  and  in 
1842  the  Territorial  legislatures  were  forbidden  to  hold 
sessions  until  the  appropriation  for  their  expenses  had 
been  made  by  Congress, 12  and  certain  restrictions  were 
passed  upon  the  expenditure  of  these  appropriations. 

In  the  seventeen  years  from  1848  to  1864  thirteen  new 
Territories  were  organized:  Oregon,  1848;  Minnesota, 
1849;  New  Mexico  and  Utah,  1850;  Washington,  1853; 
Nebraska  and  Kansas.  1854;  Colorado,  Nevada  and 
Dakota,  1861;  Arizona  and  Idaho,  1863;  and  Montana, 
1864.  All  the  governments  established  were  closely 
modeled  after  Wisconsin  except  for  such  changes  as  were 
due  to  the  permitting  of  slavery  in  certain  of  the  Terri- 
tories and  in  the  following  particulars:  The  judges  of  the 
superior  court  were  to  serve  for  four  years  instead  of  dur- 
ing good  behavior;  the  governor  was  appointed  for  four 
years  instead  of  three; 13  and  the  governor's  veto  power 
was  sometimes  absolute  and  sometimes  limited  14  Further 
in  Oregon,  the  upper  house  of  the  legislature  was  to  con- 
sist of  nine  members  to  serve  for  three  years,  one-third  of 
whom  were  to  go  out  of  office  every  year.  The  power  of 
the  legislature  to  incorporate  banks  or  institutions  with 
banking  powers  was  denied,  and  the  legislature  was  for- 
bidden to  borrow  money  in  the  name  of  the  Territory  or 
to  pledge  the  faith  of  the  people  of  the  same  for  any  loan 


11.  Appendix  B.  130). 

12.  Some  trouble  over  expenses  of  Wisconsin  and  Florida  legis- 
lature seems  to  have  arisen.     See  Appendix  B.  186)  and  134). 

13.  By  Ordinance  of  1787  governor  appointed  for  three  years  and 
secretary  for  four.  So  until  Oregon — when  governor's  term  was  made 
four  years  and  the  secretary's  five.     In  Minnesota  both  appointed  for 
four  years,  and  so  always  since  then,  except  in  Kansas  and  Nebraska, 
where  their  terms  were  the  same  as  in  Oregon. 

14.  By  organic  acts  veto  power  was  unqualified  in  Oregon,  New 
Mexico,  Utah,  Washington,  Colorado,  Nevada,  Dakota  and  Arizona, 
in  the  otEers  it  could  be  overruled  (always  by  two-thirds  vote).     The 
veto  power  was  afterward  limited:     Colorado  and  Dakota  in  1863, 
Washington  in  1864,  New  Mexico  in  1868  and  Arizona  in  1876. 


43 

whatever.15  And  these  same  modifications  were  enacted 
for  Washington  Territory16  when  it  was  cut  off  from 
Oregon  in  1853.17 

As  Wisconsin,  Iowa,  Oregon  and  Minnesota  were 
organized,  the  articles  of  compact  of  the  Ordinance  of  1787 
were  put  in  force. 18  When,  however,  the  Territories  of 
New  Mexico  and  Utah  were  formed  in  1850 19  it  was 
enacted  for  each  that,  when  admitted  as  a  State,  the 
Territory  or  any  portion  of  it,  should  be  received  into  the 
Union,  with  or  without  slavery  as  their  constitution  should 
at  the  time  prescribe.  This  necessitated  further,  in  the 
organization  of  the  judiciary,  the  provision  that  there 
should  be  writs  of  error  and  appeals  to  the  Supreme 
Court  of  the  United  States  in  all  cases  involving  the  title 
to  slaves,  without  regard  to  the  amount  in  controversy, 
and  upon  any  writ  of  habeas  corpus  involving  the  question 
of  personal  freedom.  The  judges  of  the  supreme  and 
district  courts  were  also  authorized  to  grant  writs  of 
habeas  corpus  in  all  cases  in  which  the  same  were  grant- 
able  by  the  judges  of  the  United  States  in  the  District  of 
Columbia.  These  same  provisions  were  enacted  for 
Nebraska  and  Kansas  in  1854. 20  In  establishing  the 

15.  See  further  Appendix  B.  143).  16.  See  further  Appendix 
B,  158). 

17.  In  1866  Washington  legislature  made  the  same  as  in  the 
other  Territories.     See  Appendix  B.  196). 

18.  See  p.  40,  supra. 

-'  19.  See  further  Appendix  B.  148)  and  149). 

20.  In  the  Kansas-Nebraska  act  it  was  further  provided,  that 
nothing  of  this  should  be  construed  to  affect  the  fugitive  slave  act 
of  1793,  or  the  act  of  1850  supplementary  to  it,  both  of  which  were 
declared  to  be  in  full  force  in  these  Territories.  The  section  which 
declared  the  Constitution  and  laws  of  the  United  States  to  have  the 
same  force  and  effect  in  these  Territories  as  elesewhere  in  the 
United  States  excepted  "  the  eighth  section  of  the  act  prepatory  to 
the  admission  of  Missouri  into  the  Union,  approved  March  sixth, 
eighteen  hundred  and  twenty,  which,  being  inconsistent  with  the 
principle  of  non-intervention  by  Congress  with  slavery  in  the  States 
and  Territories,  as  recognized  by  the  legislation  of  eighteen  hundred 
and  fifty,  commonly  called  the  'Compromise  measures,"  which  was 
thereby  decared  inoperative  and  void  ;  "  it  being  the  true  intent  and 


44 

Territories   of   Colorado,    Nevada   and   Dakota  (1861),  no 
reference  was  made  to  slavery. 21 

,/  On  June  19,  1862,  it  was  enacted  that  there  should  be 
neither  slavery  nor  involuntary  servitude  in  any  of  the 
Territories  of  the  United  States,  now  existing  or  which 
may  at  any  time  hereafter  be  formed  or  acquired  by  the 
United  States,  otherwise  than  in  the  punishment  of  crimes 
whereof  the  party  shall  have  been  duly  convicted.  Ac- 
cordingly as  the  Territories  of  Arizona,  Idaho  and  Mon- 
tana were  organized  in  1863-4  slavery  was  specifically  pro- 
hibited.22 

The  statute  which  closes  this  first  division  of  our 
second  period  was  passed  on  January  24, 1867.  It  ordered 
that  there  should  be  no  denial  of  the  elective  franchise  in 
any  of  the  Territories  of  the  United  States,  now  or  here- 
after to  be  organized,  to  any  citizen  thereof,  on  account 
of  race,  color,  or  previous  condition  of  servitude. 

Aside  from  the  organization  of  the  Territories  that 
have  been  mentioned,  the  legislation  of  Congress  relating 
to  the  Territories  during  all  this  time  was  of  little  import- 
ance. There  was  a  general  increase  in  the  salaries  paid 
to  the  Territorial  officers  by  the  United  States,23  and  it 
was  ordered  that  when  an  officer  should  absent  himself 
from  the  Territory  and  his  official  duties  for  more  than 
sixty  days,  his  salary  for  that  time  should  not  be  paid.24 


meaning  of  this  act  not  to  legislate  slavery  into  any  Territory  or 
State,  nor  to  exclude  it  therefrom,  but  to  leave  the  people  thereof 
perfectly  free  to  form  and  regulate  their  domestic  institutions  in 
their  own  way,  subject  only  to  the  Constitution  of  the  United  States  : 
Provided,  That  nothing  herein  contained  shall  be  construed  to 
revive  or  put  in  force  any  law  or  regulation  which  may  have  existed 
prior  to  the  act  of  March  sixth,  eighteen  hundred  and  twenty,  either 
protecting,  establishing,  prohibiting,  or  abolishing  slavery."  See 
further  Appendix  B.  1(52). 

21.  See  Appendix  B.  176)r  177)  and  178). 

22.  See  Appendix  B.  184),  188)  and  192). 

23.  See  Appendix  B.  Organic  Acts  of  Territories  and  145),  163), 
167),  171). 

24.  See  Appendix  B.  153),  156),  and  157.) 


45 

^Bigamy  was  forbidden  in  all  the  Territories,'26  and  by  the 
(same  act  religious,  etc.,  corporations  were  forbidden  to 
/hold  more  than  $50,000  real  estate. 

Legislation  for  the  Territories  as  a  Whole. 

The  characteristic  feature  of  the  legislation  from  the 
time  of  the  settlement  of  the  slavery  question  down  to 
the  present  day  is,  as  we  have  said,  the  legislation  for  the 
Territories  as  a  whole,  /.  e.  instead  of  enacting  laws  for 
each  Territory  with  regard  to  the  special  requirements  of 
that  district,  Congress  enacts  but  one  law  affecting  all  the 
Territories  alike.  Uniformity  of  government  in  the  Ter- 
ritories was  a  prerequisite  to  such  legislation,  and  this 

•tiniformity  we  have  seen  established  since  the  organization 
of  Wisconsin.  The  abolition  of  slavery  destroyed  the  last 
great  dividing  line  that  had  existed  between  the  Terri- 
tories. 

The  greatest  uniformity  had  always  existed  in  the 
judicial  systems  of  the  various  Territories,  owing  to  their 
common  subordination  to  the  Supreme  Court  of  the 
United  States.  When,  therefore,  a  uniform  system  of 

|  bankruptcy  throughout  the  United  States  was  established, 

»  and  jurisdiction  was  to  be  given  to  the  Territorial  superior 
courts,  it  was  but  natural,  with  the  similarity  of  their 
judiciaries,  that  Congress  should  include  all  the  Territories 
in  the  one  enactment.  And  so  it  was  done.26  The 
supreme  courts  of  the  Territories  were  given  the  same 

'  jurisdiction  and  powers  as  were  vested  in  the  United 
States  district  courts  ;  that  is,  they  were  made  courts  of 
bankruptcy  with  original  jurisdiction.  The  declaration  of 
Congress  that  it  was  not  necessary  in  Territorial  courts  to 
exercise  separately  the  common-law  and  chancery  juris- 
dictions ; 27  the  transferring  of  the  jurisdiction  in  bank- 
ruptcy cases  from  the  supreme  courts  to  the  district  courts 
of  the  Territories  ; 2s  and  the  granting  of  writs  of  error  or 

V  25.  See  Appendix  B.  181.) 

26.  March  2,  1867  (cf.  Appendix  B.  133). 

27.  April  7,  1874.        28.  June  22,  1874. 


46 

appeals  from  the  Territorial  supreme  courts  to  the  supreme 
courts  of  the  United  States  only  when  the  amount  in 
controversy  was  over  $5,000, 29 — in  each  case  by  one 
enactment  for  all  the  Territories — are  mainly  proofs  of 
the  similarity  of  the  Territorial  judiciaries, 30  but  they  are 
at  the  same  time  indicative  of  the  general  Territorial 
legislation  to  which  we  wish  to  call  attention. 

This  feature  of  legislation,  however,  is  better  exem- 
plified in  the  enactments  touching  the  legislatures.  In 
most  of  the  Territories  members  of  the  upper  and  lower 
houses  were  elected  repectively  for  two  years  and  one 
year.  In  some,  the  sessions  had  been  made  biennial,  and 
there  the  terms  had  been  lengthened  to  four  and  two 
years.31  In  1868  it  was  enacted  that  in  all  the  Territories 
the  sessions  should  be  biennial — or  rather  a  proviso  was 
attached  to  the  Appropriation  Act,  that  the  amounts 
therein  appropriated  for  the  expenses  of  the  legislative 
assemblies  should  only  be  expended  for  biennial  ses- 
sions32— ,  and  the  following  year  it  was  added  that  the 
members  of  both  houses  should  be  elected  for  the  term  of 
two  years.33  A  few  years  later  it  was  ordered  that  the 
expense  for  printing  for  any  session  of  the  legislature  of 
any  Territory  should  not  exceed  f^OOO.34  In  1873 35  the 
sessions  of  all  the  Territorial  legislatures  were  limited  to 
forty  days,  the  amount  per  day  which  the  members  were 
to  receive,  the  mileage,  the  extra  amount  which  the  presi- 
dent of  the  council  and  the  speaker  of  the  house  should 
receive,  and  also  the  salaries  of  the  governors  and  secre- 
taries were  made  by  this  one  law  the  same  for  all  Terri- 
tories, and  it  was  ordered  that  no  law  should  be  passed  by 
a  Territorial  legislature  by  which  officers  would  receive 
compensation  other  than  that  given  by  the  laws  of  the 
United  States.  The  next  year  it  was  required  that  the 


29.  March  3,  1885. 

30.  Cf.  Appendix  B.  27),  28),  48),  49) 

31.  See  Appendix  B.  196),  200),  204). 

32.  July  20,  1868.        33.  March  3,  1869.        34.  May  8, 1872. 
35.  vSee  Appendix  B.  247). 


47 

President  should  approve  the  reason  for  it,  before  an  ex- 
traordinary session  of  any  legislature  could  be  called.36 
Finally  in  1878  a  clause  was  attached  to  the  appropriation 
act,  the  main  provisions  of  which  remain  in  force  to-day.37 
According  to  it  the  members  of  council  were  not  to  ex- 
ceed twelve  in  number,  nor  the  house  twenty-four.38  The 
members  of  each  house  were  to  receive  $4  per  day  and 
mileage,  the  president  of  council  and  speaker  of  house  $6. 
Each  legislature  was  allowed  one  chief  clerk,  four  subord- 
inate clerks  and  a  chaplain,  for  all  of  whom  the  salaries 
were  fixed,  and  the  expense  of  public  printing  was  limited 
to  $2,500.39  In  1880  the  limit  of  the  sessions  was  extended 
to  sixty  days.40 

The  acts  which  have  just  been  enumerated  are  all 
restrictions  upon  the  Territorial  legislatures,  but  only  as 
regards  their  expenses  or  the  length  and  frequency  of 
their  sessions.  There  were  further  limitations  placed  by 
Congress  and  in  another  direction,  viz.,  Upon  the  power 
of  incorporating  and  the  passing  of  special  acts,  and  these 
enactments  are  equally  characteristic  of  the  feature  of 
legislation  to  which  we  have  called  attention.  The  only 
previous  legislation  on  this  subject  was  the  act  in  1836,41 
by  which  no  act  of  any  Territorial  legislature  incorporat- 
ing any  bank  or  any  institution  with  banking  powers  or 
privileges  should  have  force  or  effect  until  "'approved  by 
Congress,  and  the  specification  in  the  organic  acts  of  Ore- 
gon and  Washington,42  that  no  power  was  therein  con- 
tained to  incorporate  banks  or  institutions  with  banking 
powers.  Now,  however,  in  1867  the  legislative  assemblies 
of  all  the  Territories  were  forbidden  to  grant  private 
charters  or  especial  privileges,  though  they  might  by  gen- 
eral acts  permit  persons  to  associate  themselves  together 
for  mining,  manufacturing  or  other  industrial  pursuits.43 


36.  June  22,  1874.  37.  June  19,  1878. 

38.  Cf.  Appendix  B.  286)  and  309). 

39.  See  Appendix  B.  270)  and  cf.  280). 

40.  December  23,  1880.        41.  Seep.  41  supra. 
42.  See  pp.  42  and  43.          43.  March  2,  1867. 


48 

This  act  of  1867  was  the  basis  of  all  later  legislation 
on  the  subject.  For  a  time  Congress  seems  to  have  been 
uncertain  as  to  the  extent  to  which  the  Territories  should 
be  permitted  to  incorporate  even  by  general  acts.  In 
1872,  for  example,  four  different  railroad  companies 
organized  under  the  laws  of  Dakota,  Utah,  Colorado  and 
New  Mexico  were  granted  right  of  way  through  the 
lands  of  the  United  States,  but  in  each  act  it  was  specified 
that  nothing  therein  should  be  construed  or  recognizing 
or  denying  the  right  of  the  said  Territory  to  incorporate 
railroad  companies.  **  When  the  question  was  finally 
decided  in  favor  of  the  Territories,  it  was  enacted  in  the 
form,  that  the  Act  of  1867  should  be  construed  as  authoriz- 
ing the  incorporation  by  general  acts  for  railroads  and 
wagon  roads,  and  for  educational,  charitable  and  scientific 
associations. 45  It  was  later  declared  that  this  provision 

I  did  not  prohibit  the  Territorial  legislatures  from  creating 
municipal  corporations  and  conferring  on  them  the  neces- 
sary administrative  powers,  either  by  general  or  special 

•  acts. 46     And  in  1885  this  provision  was  amended  so  as  to 

'  include  banks  and  canals. 47 

,|          The  final  act  on  the  competence  of  Territorial  legisla- 

l|  tures  in  this  respect  was  passed  July  30,  1886.  In  it  there 
were  twenty-four  subjects  enumerated  such  as  divorce, 
practice  .  in  courts  of  justice,  taxes,  rate  of  interest,  and 
municipal  corporations,  upon  which  the  Territorial  legis- 

I  latures  were  forbidden  to  pass  local  or  special  laws,  and 
in  all  other  cases  where  a  general  law'^could  be  made 
applicable.  No  Territory  or  subdivision  of  any  Territory 
was  allowed  to  subscribe  to  the  capital  stock  of  any  cor- 
poration, or  loan  its  credit  for  the  benefit  of  any  such 
association.  The  Territories  were  forbidden  to  incur 
debt  except  in  certain  special  cases,  and  for  penal, 
charitable  or  educational  institutions,  provided  the  total 
indebtedness  did  not  thereby  exceed  \%  of  the  assessed 
value  of  taxable  property.  The  limit  of  local  indebted- 

44.  See  Appendix  B.  238),  239),  241)  and  242). 

45.  June  10,  1872. 

46.  June  8,  1878.        47.  March  3,  1885. 


49 

ness  was  placed  at  4$.  And  the  previous  statutes  relating 
to  incorporation  were  amended  to  include  insurance, 
banks  of  discount  and  deposit  (but  not  of  issue),  loan, 
trust  and  guarantee  associations. 

Aside  from  this  general  legislation  which  has  been 
given,  the  enactments  of  Congress  relating  to  the  in- 
dividual Territories  are  of  little  importance.  Additional 
superior  judges  were  created  in  several  of  the  Terri- 
tories,48 but  this  involved  no  changes  other  than  the 
redistricting  of  the  Territory  in  question.  A  tendency  to 
increase  the  jurisdiction  of  the  probate  courts  and  justices 
of  the  peace  is  also  noticeable. 49  The  Territory  of  Wyom- 
ing was  organized  in  1868 50  and  the  Territory  of  Oklahoma 
in  1890 51  but  as  was  to  be  inferred  from  the  legislation 
which  we  have  considered  the  organic  acts  of  these  Ter- 
ritories contain  nothing  new. 52  Only  as  regards  Utah 
were  the  special  enactments  of  Congress  of  any  importance. 
There  in  order  to  stamp  out  polygamy  Congress  found  it 
necessary  to  exercise  to  the  full  its  absolute  power.  The 
courts  were  reorganized,  and  writs  of  error  from  the 
United  States  Supreme  Court  were  allowed  in  cases  of 
polygamy.  The  election  of  probate  judges  was  taken  out 
of  the  hands  of  the  legislature,  and  their  appointment*' 
given  to  the  President.  Law  after  law  of  the  Territorial  // 
legislature  was  annulled.  All  the  registration  and  election  * 
offices  were  declared  vacant,  the  election  districts  and 
apportionment  were  abolished,  and  commissioners  were 
appointed  to  redistrict  and  reapportion  the  Territory.  A 
test  oath  was  required  before  voting  or  holding  office, 
and  a  board  of  five  persons  was  appointed  by  the  Presi- 
dent to  take  charge  of  the  registration  of  voters  and  the 
conduct  of  elections.  But  these  acts  are  of  general 
significance  only  as  showing  what  Congress  can  do,  and 


48.  See  Appendix  B.  273),  287),  296),  299),  302)  and  306). 

49.  See  Appendix  B.  199),  218),  228),  259),  283),  289),  cf.  309). 

50.  See  Appendix  B.  206).        51.  See  Appendix  B.  309). 

52.  The  District  of  Columbia  was  organized  as  a  Territory  in 
1871.     See  Appendix  C. 


50 

has  done,  when  the  occasion  arises  to  exercise  its  final 
power  of  control. 63 

IV. 

There  are  at  present  three  organized  Territories  in 
the  United  States,  New  Mexico,  Arizona  and  Oklahoma, 
established  respectively  1850,  1863  and  1890,  the  govern- 
ments of  which,  as  we  have  seen,  are  practically  identical. 
In  each  of  these  three  Territories  the  executive,  legisla- 
tive and  judicial  departments  are  distinct  from  one 
another.  The  executive  function  is  exercised  by  a  gov- 
ernor and  secretary,  the  legislative  by  a  legislature  of  two 
houses,  and  the  judicial  by  a  supreme  court  and  certain 
inferior  courts.  The  governor,  secretary  and  superior 
judges  are  appointed  by  the  President.  And  -finally  each 
Territory  sends  a  delegate  to  Congress,  who  is  given  a 
seat  in  the  House  of  Representatives,  with  the  right  of 
speaking,  but  not  of  voting.  Thus  in  its  general  features 
the  Territorial  government  of  to-day  is  the  same  as  that 
established  by  the  Ordinance  of  1787,  but  within  this 
framework  the  very  greatest  changes  have  taken  place.1 

First  of  all,  the  entire  organization  of  the  Territorial 
government  has  been  more  thoroughly  perfected.  In  the 
executive  department,  some  of  the  governor's  powers 
have  been  taken  away,  upon  others  serious  restrictions 
have  been  placed,  and  all  of  his  rights  and  duties,  as  well 
as  those  of  the  secretary  are  clearly  defined.  In  the  legisla- 
tive department,  the  composition  of  the  general  assembly, 
the  length  and  frequency  of  its  sessions,  and  the  amount 
of  expenses  which  it  may  incur  have  all  been  definitely 
established,  and  here  also  limitations  have  been  placed, 
although  the  sphere  of  legislation  which  still  remains  to 

53.  See  Appendix  B.  259),  279)  and  301). 

1.  Cf.  Bryce  :  American  Commonwealth.  I.  chap.  XXXVIII. 
Many  of  the  tendencies  there  pointed  out  apply  to  the  Organic  Acts 
of  the  Territories,  which  may  be  regarded  as  Territorial  Consti- 
tutions. 


51 

the  general  assembly  is  very  wide.  In  the  judiciary, 
which  originally  consisted  of  three  judges,  two  of  whom 
were  necessary  to  form  a  court  with  common-law  juris- 
diction, we  find  now  a  complete  system  of  superior  and 
inferior  courts  with  appeals  from  the  lower  to  the  higher, 
and  with  appeal  from  the  Territorial  supreme  court  to 
the  Supreme  Court  of  the  United  States. 

Secondly,  the  whole  system  of  government  has  become 
more  democratic.  Property  qualifications  have  been 
abolished  for  all  offices  to  which  the  President  appoints. 
The  suffrage  at  the  first  election  is  granted  to  all  male 
citizens  of  the  United  States,  twenty-one  years  of  age, 
residing  in  the  Territory  at  the  time  of  its  organization, 
and  the  electoral  franchise  for  all  subsequent  elections  as 
well  as  the  qualifications  for  office  are  left  to  the  Terri- 
torial legislature  to  determine.  Both  houses  of  the  legis- 
lature and  the  delegate  to  Congress  have  been  made 
elective  by  the  people,  while  justices  of  the  peace,  militia 
officers  and  all  local  officers  are  left  to  the  legislature,  to 
provide  for  their  election  or  appointment.  And  the  princi- 
ple of  "  rotation  in  office,"  so  thoroughly  implanted  in  the 
popular  mind  as  necessary  to  a  democratic  government, 
has  brought  about  a  marked  shortening  of  the  terms  of 
all  Territorial  officials.2  In  the  case  of  those  appointed 
by  the  President  the  spoils  system  has  brought  them  all 
into  conformity  with  his  term,  even  the  judges  having 
been  changed  from  life  tenure  to  the  four  year  limit.3 

Thirdly,  there  is  a  great  increase  in  the  salaries  paid 
to  all  officials.  In  1789  the  governor  received  $2,000,  the 
secretary  $750,  and  the  judges  $800  each,  and  the  expenses 
of  the  legislature  were  left  to  the  Territory. 4  Now  the 
governor  is  paid  $3,500  (Oklahoma  $2,600),  the  secretary 

2.  Bryce  :  loc.  cit.  II.  p.  133  et  seq. 

3.  "Though  created  by  Congress  they  do  not  fall  within  the 
provisions  of  the  Constitution  for  a  Federal  judiciary."    Bryce:  I. 
p.  581. 

4.  The  members  of  the  legislature  in  the  Territory  south  of  the 
Ohio  received  in  1794,  $2.50  per  day  and  $2.50  mileage.     Ramsey  : 
Annals  of  Tennessee,  p.  623  et  seq. 


52 

$2,500  (Oklahoma  $1,800),  the  judges  $3,000  each,  and 
the  members  of  the  legislature  receive  $4  per  day 5  and 
$4  for  every  twenty  miles  traveling  expenses,  the  president 
of  the  council  and  speaker  of  the  house  receive  an  extra 
amount,  salaries  are  paid  to  five  clerks  and  a  chaplain 
for  each  house,  a  "  sufficient  sum  "  is  granted  for  the  costs 
of  printing,  etc..  and  $1,000  is  put  into  the  hands  of  the 
governor  for  "  contingent  expenses."  6 

And  finally,  the  absolute  and  unlimited  authority  of 
Congress  over  the  Territories  has  become  established.  7 
It  may  govern  mediately  or  immediately,  either  by  the 
creation  of  a  Territorial  government  with  power  to 
legislate  for  the  Territory,  subject  to  such  restraints  and 
limitations  as  Congress  may  impose  upon  it,  or  by  the 
passage  of  laws  directly  operating  upon  the  Territory, 
without  the  intervention  of  a  subordinate  government. 8 
The  contrary  contention,  that  the  inhabitants  of  a  Terri- 
tory have  the  entire  control  of  their  own  local  concerns, 
and  may  form  their  government  independently  of  the 
national  legislature  has  been  distinctly  repudiated  by  the 
I  Supreme  Court.9 

With  this  authority,  as  we  have  seen,  Congress  has 
organized  twenty-eight  Territories  with  greater  or  less 
powers  of  self-government,  and  has  enacted  laws  for  the 
further  regulation  of  these  governments  in  unbroken 
continuity  from  1789  down  to  the  present  day.  The 
object  of  this  organization  of  Territories  and  of  this 
further  legislation  has  been  a  double  one  :  to  provide 
some  form  of  civil  authority,  absolutely  necessary  to 
organize  and  preserve  civilized  society,  and  to  prepare  the 


5.  January  23, 1873.     Members   were  allowed   $6  per  day,  etc. 
See  Appendix  B.  247). 

6.  It  is  comforting  to  know  that  there  was  a  time  when  Congress 
looked  upon  the  cost  of  a  Territory  as  an  item  to  be  considered.     In 
1808  the  inhabitants  of  Indiana  petitioned  for  the  division  of  the 
Territory.     One   of  the   three   reasons  given  for  not  granting  the 
petition  was   "the    unpromising    aspect  of    our   fiscal    concerns." 
Annals  of  Congress,  April  11,  1808. 

7.  Murphy  vs.  Ramsey.     114  U.  S.  15.     Story  :  loc.  cit.  II.  p.  200. 


53 

district  to  become  a  State  and  a  member  of  the  Union; 
It  is  the  latter  that  is  the  unique  feature  of  the  American 
colonial  system.  10  That  the  Territories  are  to  be  regarded 
as  inchoate  States,  as  future  members  of  the  Union,  has 
been  and  is  the  fundemental  basis  of  our  Territorial 
system.  We  have  seen  how  this  idea  was  first  broached 
by  a  delegate  from  Maryland  in  Congress  in  1777,  how  it 
was  insisted  upon  by  that  State  in  her  later  declarations, 
how  it  was  adopted  by  Congress,  in  its  resolution  of  1780, 
how  it  was  embodied  by  some  of  the  States  in  the  acts 
ceding  their  western  lands,  and  how  it  was  approved  by 
all  of  the  States  in  accepting  those  cessions.  In  attempt- 
ing to  carry  out  this  idea  it  was  felt  that  the  Congress 
under  the  Confederation  was  exerting  strictly  speaking 
an  extra-constitutional  power,  and  one  of  the  great 
inducements  to  the  adoption  of  the  Constitution  of  (3178* 
was  to  give  the  'general  government  adequate  power  to 
dispose  of  the  western  territory  and  admit  new  States 
into  the  Union.  Finally  in  the  treaty  with  France  by 
which  we  acquired  Louisiana,  in  the  treaty  with  Spain 
ceding  to  us  the  Floridas,  in  the  treaty  with  Mexico  con- 
cluded at  Guadalupe  Hidalgo  and  in  that  by  which  we 
obtained  "the  Gadsden  Purchase,"  there  were  provisions 
that  the  Territories  ceded  should  be  incorporated  into  the 


Of  the  thirty-two  States  that  have  been  admitted  into 
the  Union  since  1789,  twenty-six  were  permitted  to  organ- 
ize themselves  as  States  only  after  they  had  passed  through 
the  Territorial  stage.12  In  the  first  ordinance  for  the  gov- 


8    American    Insurance    Company  vs.  Canter.     I.  Peters,  511. 
Edwards  vs.  Panama.     I.  Oregon,  418. 

9.  Pomeroy  :  Constitutional  Law,  p.  403. 
10.  Johnston  ;  loc.  cit.  Art.  Territories. 

11.  See  Appendix  B.  18),  72),  142)  and  161).     In  the   treaty  by 
which  we  acquired  Alaska,  on  the  other  hand,  this  provision  was 
omitted  because  there   was  no  immediate  prospect  of  the  country 
becoming  civilized  enough  to  warrant  the  formation  of  Territories 
for  ultimate  incorporation  as  States  in  the  Union. 

12.  See  Appendix  A. 


54 

eminent  of  the  Territories,  Jefferson's  of  1784,  the  settlers 
were  at  first  authorized  only  "  to  adopt  the  constitution 
and  laws  of  any  one  of  the  original  States,"  and  not  until 
a  legislature  had  been  formed  were  they  permitted  to 
change  these  laws.  Similarly  in  the  Ordinance  of  1787 
until  a  legislature  was  organized  the  governor  and  judges 
were  only  allowed  "  to  adopt  such  laws  of  the  original 
States  as  were  best  suited  to  the  circumstances  of  the  dis- 
trict." Experience  is  the  best  teacher  The  inhabitants 
of  a  Territory  were  not  to  be  permitted  to  enact  laws  for 
themselves  until  they  had  become  familiar  with  the  way 
of  doing  things  in  the  original  States,  and  when  they  were 
allowed  a  measure  of  self-government  it  had  to  be  exer- 
cised under  a  framework  of  government  modeled  on  that 
which  our  fathers  had  found  to  be  good.  That  Congress 
since  1789  has  carried  on  the  work  in  the  spirit  and  with 
the  purposes  of  the  Ordinance  of  1787,  and  has  simply 
expanded  this  framework  of  Territorial  government  on 
the  same  lines  that  the  whole  country  has  developed,  it  has 
been  the  object  of  this  paper  to  show.  When  a  Territory 
was  intrusted  with  the  organization  of  its  own  govern- 
ment, reliance  was  placed  on  the  conservatism  of  the 
people,  and  of  the  twenty-six  Territories  that  have  organ- 
ized themselves  as  States  there  is  not  a  single  instance  of 
one  having  substantially  altered  the  form  of  government 
to  which  they  were  accustomed.13 

This  feature  of  policy  thus  stands  embodied  in  the 
highest  law  of  the  land,  it  has  been  approved  in  the  decis- 
ions of  the  Supreme  Court,  and  it  has  been  sanctioned  by 
the  experience  of  over  a  hundred  years  as  one  of  the 
wisest  provisions  of  our  government. 

13.  California  affords  an  example  of  a  State  which,  entering 
the  Union  without  having  had  the  experience  of  a  Territory,  has 
encountered  great  difficulties  in  the  regulation  and  administration 
of  its  government. 


55 


APPENDIX  A. 


Territory  of 

Was  organized 

Was  admitted  as                 on 

State  of 

Northwest 

July  13,  1787 

August  7,  1789 

Ohio 

November  29,  1802 

South 

May  26,  1790 

Tennessee 

June  1,  1796' 

Mississippi 

April  7,  1798 

Mississippi 

December  10,  1817 

Indiana 

May  7,  1800 

Indiana 

December  11,  1816 

Orleans 

March  26,  1804 

Louisiana 

April  30,  1812 

Louisiana 

March  26,  1804    Became  Territory 

of 

Missouri  in  1812 

Michigan 

January  11,  1805 

Michigan 

January  26,  1837 

Illinois 

February  3,  1809 

Illinois 

December  3,  1818 

Missouri 

June  4,  1812 

Missouri 

August  10,  1821 

Alabama 

March  3,  1817 

Alabama 

December  14,  1819 

Arkansas 

March  2,  1819 

Arkansas 

June  15,  1836 

Florida 

March  30,  1822 

Florida 

March  3,  1845 

Wisconsin 

April  20,  1836 

Wisconsin 

May  29,  1848 

Iowa 

June  12,  1838 

Iowa 

December  28,  1846 

Oregon 

August  14,  1848 

Oregon 

February  14,  1859 

Minnesota 

March  3,  1849 

Minnesota 

May  11,  1858 

New  Mexico 

September  7,  1850 

•/Utah 

September  9,  1850 

Utah 

January  4,  1896  ' 

Washington 

March  2,  1853 

Washington 

November  11,  1889 

Nebraska 

May  30,  1854 

Nebraska 

March  1,  186  T 

Kansas 

May  30,  1854 

Kansas 

January  29,  1861 

Colorado 

February  28,  1861 

Colorado 

August  1,  1876 

Nevada 

March  2,  1861 

Nevada 

October  31,  1864 

Dakota 

March  2,  1861       j 

North  Dakota 
South  Dakota 

\  November  2,  1889 

Arizona 

February  24,  1863 

Idaho 

March  3,  1863 

Idaho 

July  3,  1890 

Montana 

May  26,  1864 

Montana 

November  8,  1889 

Wyoming 

July  25,  1868 

Wyoming 

July  11,  1890 

Oklahoma 

May  2,  1890 

56 


Admission   of   Territories    into   the   Union. 

The  organization  of  a  Territory  as  a  State  and  its 
admission  into  the  Union  is  dependent  upon  the  will  of 
Congress  alone  By  the  articles  of  compact  of  the 
Ordinance  of  1787  the  Territories  of  the  Northwest  were 
granted  the  right  to  organize  themselves  as  States  and  to 
be  admitted  into  the  Union  as  soon  as  their  population 
should  amount  to  60,000.  Upon  this  basis  the  Territories 
of  the  Northwest  and  those  in  the  South,  over  which  the 
Ordinance  of  1787  was  extended,  were  allowed  to  organize 
themselves  as  States  and  were  received  into  the  Union. 
With  the  enormous  increase  of  population  throughout  the 
United  States,  this  number  was  found  to  be  too  small,  and 
a  population  equal  to  an  average  Congressional  district 
was  usually  required.  Congress  has,  however,  absolute  dis- 
cretion in  the  matter  an.d  often  makes  very  arbitrary  use 
of  its  power.  Nevada,  for  example,  was  admitted  as  a 

State  in  1864  when  its  population  was  only  about  20,000. 
*/ 

In  1872  it  was  enacted  that  no  State  should  be  admitted 
to  the  Union  without  having  the  necessary  population  to 
entitle  it  to  one  representative,  which  according  to  the 
census  of  1890  would  require  a  population  of  about 
174,000. 
» 


APPENDIX    B. 

ACTS  OF    CONGRESS  RELATING  TO    THE  GOVERNMENT 

OF  THE  ORGANIZED  TERRITORIES  OF  THE 

UNITED  STATES. 

1)  1789,  August?.  Ordinance  of  1787  re-enacted.  Instead  of 
Congress,  President,  with  Senate,  to  appoint 
officers,  etc. ;  in  absence  of  governor,  secretary 
to  act  with  power.  See  p.  14.  For  provisions 
of  Ordinance,  see  pp.  8  et  seq. 

•2)     1789,  Sept.  11.  In    Northwest  Territory,  Governor's  salary] 

jmd  for  superintendent  of  Indian  affairs,  $2,000. 
Judges,  $800  each.  Secretary,  $750. 

3)  1790,  April  2.  Cession  of  North  Carolina  accepted,  see  p.  17. 

4)  1790,  May  26.  Government    established   in   same,  see  p.  17. 

Salaries  as  in  Northwest  Territory.     Governor  | 
to  be  superintendent  of  Indian  affairs. 

5)  1792,  May  8.  Laws  of  Northwest  Territory-  to  be  published. 

Governor  and  judges  authorized  to  repeal  their 
own  laws,  see  p.  19,  N.  20.  One  superior  ju^^ 
may  hold  court.  Limitation  act  passed  by  gov- 
ernor and  judges  of  Northwest  Territory  on 
Dec.  28,  1788,  disapproved. 

0)     1794,  Dec.  3.  Delegate  from  South   Territory  admitted  to 

seat  in  House,  see  p.  17 

7)     1798,  April  7.  To  settle  limits  with  the  State  of  Georgia  and 

establish  a  government  in  the  Mississippi  Terri- 
tory, see  p.  20.     Salaries  as  in  Northwest.     Gov- 
ernor superintendent  of  Indian  affairs. 
'0,  Jan .  2.  Delegate  from  Northwest  Territory,  see  p.  18. 

'•M     \^H),  May  7.  Territory    of  Indiana  organized,  see  pp.   19 

and  20.  Salaries  as  in  Northwest,  and  governor 
superintendent  of  Indian  affairs. 

Until  5,000  free  male  inhabitants  number  of 
representatives  not  to  be  less  than  seven  nor 
more  than  nine,  to  be  apportioned  by  governor 
to  counties  according  to  number  of  free  males 
of  age  in  each. 

Until  otherwise  ordered  by  legislatures,  Chil- 
licothe  to  be  seat  of  government  of  Northwest, 
and  Vincennes  of  Indiana. 

10)    1800,  May  10.  See  p.  20.     Mississippi  allowed  to  organize  a 

legislature.  Until  5,000  inhabitants  not  to  be 
more  than  nine  representatives.  Apportion- 


58 

ment  made  by  counties.     Date  of  election  fixed. 

Assembly    to    be    held  at   Natchez  on . 

After  5,000  inhabitants,  number  and  appor- 
tionment to  be  according  to  Ordinance.  Gov- 
ernor to  have  power  to  convene  on  extraordinary 
occasions.  During  sessions  neither  house  to 
adjourn,  without  consent  of  other,  for  more  than 
three  days,  nor  to  any  other  place.  See  also 
p.  25. 

11)  1800,  Dec.  15.          Franking    privilege    and    compensation     of 

member  of  House  granted  to  Harrison,  and  to 
every  other  delegate  from  Northwest  Territory. 

12)  1801,  Feb.  13.          New    Federal   judiciary  system   established. 

United  States  divided  into  six  circuits.  Ohio 
and  Indiana  Territories  to  constitute  one  of  the 
four  districts  of  the  sixth  circuit.  See  p.  22  N.  30. 
Repealed  March  8,  1802. 

13)  1801,  March  2.         Suits  and  processes  in  Northwest  and  Indiana 

Territories  revived  and  continued  as  if  North- 
west Territory  had  been  undivided. 

!  j  14)     1802,  Feb.  18.          Privileges  and   compensation   of  Territorial 
delegates  to  Congress.     See  pp   17  and  18. 

15)  1802,  April  29.         Proceedings     depending     in     circuit     court 

(established  by  act  of  February  13,  1801, 
abolished  by  act  of  March  8,  1802,)  to  be  con 
tinued  in  superior  courts  of  Territories. 

16)  '  1802,  April  30.         People  of  eastern  division  of  Territory  north- 

west of  the  Ohio  authorized  to  form  a  constitu- 
tion and  State  government. 

17)  1803,  April  30.        Treaty  with  France  ceding  Louisiana  signed. 

18)  1803,  Oct.  31  Treaty  ratified.     Art.  3.     "  The  inhabitants 

of  the  ceded  territory  shall  be  incorporated  in 
the  Union  of  the  United  States,  and  admitted 
as  soon  as  possible,  according  to  the  principles 
of  the  Federal  Constitution,  to  the  enjoyment 
of  all  the  "rights,  advantages,  and  immunities 
of  citizens  of  the  United  States  ;  and,  in  the 
meantime,  they  shall  be  maintained  and  pro- 
tected in  the  free  enjoyment  of  their  liberty, 
property,  and  the  religion  which  they  profess." 

19)  1803,  Oct.  31.  President  to  take  possession  of  ceded  Terri- 

tory, see  p.  20. 

20)  1804.  March  26.       Establishing  Territory  of  Orleans   and  Dis- 

trict of  Louisiana,  see  pp.  21-24.  Further 
provisions  : 


59 

Orleans  : — Legislature  to  establish  inferior 
courts.  Salaries :  governor  $5,000 ;  secretary 
and  judges  $2,000,  district  Judge  $2,000. 
Attorney  to  receive  $600  and  fees,  marshal  $200. 
All  free  white  male  house-keepers,  resident 
one  year,  qualified  to  serve  as  grand  or  petit 
jurors.  Unlawful  to  import  slaves  into  Terri- 
tory from  without  the  limits  of  the  United  States. 
District  of  Louisiana :—  Governor  to  divide 
into  convenient  districts  Inhabitants  of  each, 
between  ages  of  18  and  45,  to  be  formed  into  a 
militia.  Commanding  officer  to  be  appointed 
by  President,  others  by  the  governor. 

Twenty-one    Federal  acts  named  to  be   in 
force  in  both. 

21)  1804,  March  27.       Act,   regulating    manner    of    authenticating 

acts,  records  and  judicial  proceedings  so  as  to 
take  effect  in  every  other  State,  extended  to  the 
Territories 

22)  1804,  March  27.       An  additional  judge  for  Mississippi  Territory 

with  powers  and  salary  of  superior  judges,  but 
not  himself  one  of  the  superior  court.  Pro- 
visions relating  to  writs  of  error  and  appeals. 

23)  1804,  March  27.       Tract  of   country   to  the  north  added  to  the 

Territory  of  Mississippi. 

24)  1805,  Jan.  11.  Michigan    Territory    established,    see    p.  25 

Salaries  as  in  Indiana.  Detroit  to  be  the  seat 
of  government  until  changed  by  Congress. 

25)  1805,  March  2.         Orleans  government  to  be  as  in  Mississippi^ 

see  p.  24.  When  Territory  shall  have  60,000 
inhabitants  to  have  right  to  form  constitution 
and  State  government.  Until  admitted  as  State, 
Congress  reserves  right  to  change  boundaries 
of  Territory  at  pleasure. 

26)  1805,  March  3.         District  of  Louisiana  made  the  Territory  of 

Louisiana,  see  p.  24.  Superior  judges  to  be 
appointed  for  four  years. 

21)     1805,  March  3.        Jurisdiction  of  Territorial  superior  courts  in 
cases  where  United  States  a  party,  see  p.  25. 

28)  1806,  April  18.         Compensation     of     jurors,     marshals,    etc., 

see  p.  25. 

29)  1807,  March  3.         Salary    of    superior    judges    in  Mississippi, 

Indiana,  Michigan  and  Louisiana  $1,200. 

30)  1807,  March  3.         $300  each  to  officers  of  Indiana  for  services  in 

District  of  Louisiana  by  act  of  March  27,  1804. 


60 


31)  1807,  March  3.        Act  of    Governor  and  judges  of  Michigan 

"  concerning  Bank  of  Detroit  "  disapproved. 

32)  1807,  Dec.  5.  Salary  of   secretary  in  Mississippi,  Indiana, 

Louisiana  and  Michigan  to  be  $1,000. 

33)  1808,  Jan.  9.  Suffrage. extended  in  Mississippi,  see  p.  25  and 

26.  General  assembly  authorized  to  apportion 
representatives  to  the  several  counties  according 
to  number  of  free  white  males  in  each.  Until 
6,000  free  white  males,  whole  number  of  repre- 
sentatives not  to  be  less  than  10  nor  more  than 
12.  After  6,000  inhabitants,  number  to  be  regu- 
lated by  Ordinance. 

34)  1808,  Feb.  26.          Suffrage  extended  in  Indiana,  seep.  26. 

35)  1809,  Feb.  3.  Territory   of  Illinois   cut  off   from   Indiana. 

Government  to  be  as  in  Indiana.  Kaskaskia  to 
be  seat  of  government  until  changed  by  legis- 
lature. 

36)  1809,  Feb.  27.          Extension  of  suffrage  and  of  offices  elective 

in  Indiana,  see  p.  26.  And  general  assembly 
to  apportion  representatives,  not  more  than  12 
nor  less  than  9,  until  6,000  inhabitants,  when  it 
shall  be  according  to  the  Ordinance. 

37)  1809,  Dec.  15.  Governor  to  make  temporary  apportionment 

in  Indiana.  In  case  of  vacancy  in  elective  office 
governor  to  issue  writ  for  new  election. 

38)  1810,  March  2.        Suffrage    extended  to    citizens    of    Madison 

county  in  Mississippi.  Additional  superior 
judge  and  court  for  said  county.  Appeals  from 
courts  in  Washington  and  Madison  counties  to 
superior  court  in  Adams  county,  which  must 
consist  of  two  judges  when  considering  appeals. 
Legislature  authorized  to  establish  a  superior 
court  in  each  county  within  former  district  of 
Washington,  with  appeals  to  superior  court  of 
Adams  county. 

39)  1811,  Jan.  15.  Act  authorizing    the    President    in    certain 

events  to  take  possession  of  the  Floridas  and  to 
establish  temporary  government. 

(On  March  3,  1811,  it  was  ordered  that  this 
act  should  not  be  printed  until  the  end  of  the 
next  session  of  Congress). 

40)  1811,  Feb.  20.          Enabling  people  of  Orleans  to  form  constitu- 

tion and  State  government. 

41)  1811,  March  3.         Right    of    suffrage   in    Indiana    further   ex- 

tended, see  p.  26.    Persons  holding  appointments 


61 


42)  1812,  May  14. 

43)  1812,  May  20. 

44)  1812,  May  20. 


45)     1812,  June  4. 


46)  1812,  June  10. 

47)  1812,  June  17. 

48)  1812,  Dec.  18. 


under  governor  of  Indiana,  except  justices 
of  peace  and  military  officers,  not  eligible  to 
legislature. 

Boundaries  of  Mississippi  extended. 

Boundaries  of  Ohio,  Indiana  and  Michigan  to 
be  ascertained. 

Legislature  to  be  organized  in  Illinois.  Suf- 
frage extended,  see  p.  26.  Representatives  to 
be  not  more  than  12  nor  less  than  7,  and  to  be 
apportioned  as  in  36). 

Louisiana  Territory  changed  into  the  Terri- 
tory of  Missouri  see  pp.  26, 27  and  28.  Governor 
superintendent  of  Indian  affairs,  and  had  power 
to  grant  pardons  and  reprieves.  To  be  9  mem- 
bers of  council,  residents  of  one  year,  owning 
200  acres,  holding  no  office  of  profit,  except 
justice  of  the  peace,  and  must  be  25  years  of 
age.  Number  of  representatives  to  be  as  in 
Ordinance,  must  be  freeholders  in  county  in 
which  elected,  residents  of  one  year,  and  holding 
no  office  of  profit  under  Territory.  Each  house 
to  choose  a  speaker  and  its  other  officers,  de- 
termine the  rules  of  its  proceedings,  and  sit  on 
its  own  adjournments  from  day  to  day.  Neither 
house,  without  consent  of  the  other,  to  adjourn 
for  more  than  two  days,  nor  to  any  other  place. 
Members  free  from  arrest  during  sessions,  and 
for  speech  in  either  house  not  to  to  be  questioned 
in  any  other  place.  St.  Louis  the  seat  of  gov- 
ernment. All  free  white  male  residents  of  one 
year,  unless  disqualified  by  legal  proceeding, 
qualified  to  serve  as  grand  and  petit  jurors. 
Delegate  elective.  Salaries  as  before. 

Nothing  in  act  of  February  3d,  1809,  dividing 
Indiana,  to  prevent  issuing  of  executions  on 
Judgments  and  decrees  rendered  in  that 
Territory. 

Resolution  requesting  Georgia  to  give  assent 
to  the  formation  of  two  States  out  of  the  Miss- 
issippi Territory. 

Restrictions  on  district  and  Territorial  judges, 
see  p.  29.  No  judge  appointed  under  the 
United  States  shall  act  as  council  or  attorney  or 
practice  law. 


62 


49)    1813,  Feb.  27. 


50)    1814,  Jan.  27. 


51)  1814,  March  4. 

52)  1814,  Oct.  25. 

53)  1814,  Nov.  21. 

54)  1815,  Feb.  24. 

55)  1815,  March  3. 

56)  1816,  April  19. 

57)  1816,  April  29. 

58)  1816,  April  29. 


59)  1817,  March  1. 

60)  1817,  March  3. 


An  attorney  for  the  United  States  and  a 
marshal  to  be  appointed  in  each  Territory. 
Attorney  to  receive  fees  and  $250.  Marshal  to 
receive  same  compensation  as  marshal  of  dis- 
trict of  Kentucky. 

Additional  judge  and  court  for  the  district  of 
Arkansas  in  Territory  of  Missouri.  Term  4 
years.  Same  salary  as  superior  judges.  Juris- 
diction of  superior  court  and  of  court  of  common 
pleas.  Appeals  to  superior  court.  Rules  and 
conditions  of  the  same.  Two  terms  annually. 
Time  and  place  fixed,  but  may  be  changed  by 
general  assembly. 

Indiana  house  of  representatives  to  lay  off 
Territory  into  five  districts  for  election  of  mem- 
bers of  council. 

In  Mississippi  suffrage  extended  as  in 
Missouri,  see  p.  26.  To  be  four  additional 
members  of  council. 

If  he  think  it  necessary  and  expedient,  the 
Secretary  of  State  authorized  to  publish  laws  of 
United  States  in  two  newspapers  in  every 
Territory. 

In  Indiana  the  presence  of  two  judges  re- 
quired for  a  court.  Times  and  places  of  sessions 
fixed.  No  person  acting  under  Territory  to  be 
associated  with  judges. 

Judiciary  system  in  Illinois  revised,  see  p.  29. 
No  one  to  be  associated  with  judges,  as  in  54). 

Indiana  authorized  to  form  constitution  and 
State  government. 

Duties  of  judges  in  Illinois  further  defined. 
55)  to  remain  in  force  only  until  end  of  next 
session  of  legislature,  see  p.  29.  Chancery 
powers  given  to  general  court  of  Indiana. 

In  Missouri,  the  Members  of  council  to  be 
elected.  Sessions  of  general  assembly  biennial. 
General  assembly  authorized  to  require  superior 
judges  to  hold  circuit  courts,  with  jurisdiction 
in  all  cases  over  $100,  similar  to  those  estab- 
lished in  Illinois  by  55),  see  p.  29. 

The  western  part  of  Mississippi  authorized 
to  form  constitution  and  State  government. 

Territorial  delegates  to  be  elected  every 
second  year,  see  p.  28.  In  Missouri,  date  of 
next  election  of  delegate  fixed.  General 


63 


61)    1817,  March  3. 


62)  1818,  April  9. 

63)  1818,  April  18. 

64)  1818,  April  20. 

65)  1819,  Feb.  16. 

66)  1819,  March  2. 

67)  1819,  March  2. 


C>s)    1819,  March  3. 

69)  1820,  March  6. 

70)  1820,  April  21. 


assembly  authorized  to  provide  by  law  for 
annual  or  biennial  sessions  as  interests  of  Terri- 
tory require.  Sessions  to  be  on  first  Monday 
in  December  unless  different  day  be  appointed 
by  law  (of  Territory). 

Eastern  part  of  Mississippi  Territory  organ- 
ized as  Territory  of  Alabama.  Government  as 
in  Mississippi,  see  p.  29.  General  assembly  to 
elect  delegate  to  Congress.  St.  Stephens  to  be 
seat  of  government,  until  otherwise  ordered  by 
legislature. 

Purchasers  of  one  quarter  section  of  public 
land  in  Alabama  to  be  eligible  to  hold  any  office. 

Illinois  authorized  to  form  constitution  and 
State  government.  Portion  of  Territory  to  be 
added  to  Michigan,  when  State  formed. 

Judiciary  in  Alabama,  see  pp.  29  and  30.  Leg- 
islature to  regulate  times  and  places  of  superior 
courts  in  each  county.  All  officers  to  take  oath 
before  entering  on  duties. 

Delegate  in  Michigan  to  be  elected  by  free 
white  males  of  age,  residents  of  one  year,  who 
have  paid  county  or  Territorial  tax. 

Alabama  authorized  to  form  constitution  and 
State  government. 

Territory  of  Arkansas  cut  off  from  Missouri 
and  organized,  see  p.  29.  Government  as  in 
Missouri,  but  legislative  power  vested  in  gov- 
ernor and  judges  Legislature  to  be  organized 
on  wish  of  majority  of  freeholders.  Until  5,000 
inhabitants,  not  to  be  more  than  9  representa- 
tives. Salaries  as  in  Missouri.  Delegate  to  be 
elected  when  legislature  formed.  Arkansaw  to 
be  seat  of  government  until  otherwise  ordered 
by  legislative  department. 

President  authorized  to  take  possession  of 
the  Floridas,  and  establish  temporary  govern- 
ment. See  73),  and  p.  30. 

Missouri  authorized  to  form  constitution  and 
State  government.  In  Territory  ceded  by 
France /slavery  prohibited  north  of  thirty-six 
degrees  and  thirty  minutes  north  latitude. 
Fugitive  slaves  may  be  reclaimed. 

Act  45)  for  Missouri,  as  modified  by  58),  to 
be  in  force  in  Arkansas,  as  far  as  may  be 
applicable. 


64 

71)  1820,  April  24.         Laws  of  Michigan   to  be   printed   and   dis- 

tributed. 

72)  1821.  Feb.  22.  Ratification  of  the  treaty  with  Spain  ceding 

the  Floridas,  which  had  been  concluded  Feb- 
ruary 22,  1819. 

"  Art.  V.  The  inhabitants  of  the  ceded  ter- 
ritories shall  be  secured  .in  the  free  exercise  of 
their  religion,  without  any  restriction  *  *  * 

"  Art.  VI.  The  inhabitants  of  the  territories 
ceded  by  this  treaty,  shall  be  incorporated  in 
the  Union  of  the  United  States  as  soon  as  may 
be  consistent  with  the  principles  of  the  Federal 
Constitution,  and  admitted  to  the  enjoyment  of 
all  the  privileges,  rights,  and  immunities  of  the 
citizens  of  the  United  States." 

73)  1821,  March  3.         Act  68)  re  enacted,  see  68),  and  p.  30. 

74)  1822,  March  30.       Territorial  government  organized  in  Florida, 

see  pp.  30  and  20.  Salaries  :  Governor,  $2,500; 
secretary  and  judges,  $1,500  each;  members  of 
council,  $3  per  day  for  attendance,  and  $3  mile- 
age. Members  of  council  free  from  arrest  dur- 
ing sessions.  Two  attorneys  and  two  marshals 
to  be  appointed.  24  acts  of  United  States 
specified  to  be  in  force.  Sessions  of  council  to 
be  held  in  Pensacola. 

75)  1822,  May  7.  Act  made  by  general  Jackson  as  governor, 

"  providing  for  the  naturalization  of  inhabitants 
of  ceded  territory,"  and  an  ordinance  of  city 
council  of  St.  Augustine,  laying  certain  taxes, 
and  all  others  enforcing  and  confirming  these, 
repealed  by  Congress. 

76)  1823   Jan.  30.  Additional  judge  for  Michigan.     Within  cer- 

tain counties  to  possess  jurisdiction  of  county 
courts  and  of  Territorial  supreme  court.  Ap- 
peals from  county  courts  to  this  court,  and  from 
this  court  to  Territorial  supreme  court.  No 
cognizance  of  cases  of  admirality  or  maritime 
jurisdiction,  nor  cases  where  the  United  States 
are  plaintiffs.  Particulars  regarding  writs  of 
error.  Judge  to  reside  in  one  of  counties,  and 
receive  same  salary  as  judges  of  supreme  court. 

77)  1823,  March  3.         Act  74)  for  Florida  revised  and  amended,  see 

p.  31.  Appointments  of  officers  by  governor  to  be 
made  only  with  consent  of  council.  Governor 
forbidden  to  leave  Territory  without  first  get- 
ting permission  from  President.  Council  to 


65 

meet  at  St.  Augustine,  or  such  place  as  gov- 
ernor and  council  may  appoint.  Proceedings 
of  last  session  of  Florida  council  confirmed, 
except  the  revenue  laws  imposing  taxes  on 
inhabitants  or  property,  and  law  authorizing 
governor  to  borrow  $5,000  on  credit  of  Terri- 
tory, all  of  which  are  declared  null  and  void. 
Act,  repealing  all  previous  laws  and  ordinances 
in  force,  declared  to  have  effect  on  day  of  pass- 
age by  council,  and  not  of  its  approval  by  gov- 
ernor. Under  no  circumstances  were  soldiers 
of  the  United  States  to  be  qualified  to  vote. 

78)  1823,  March  3.         Changing  government  of  Michigan,  seep.  32. 

$2  mileage  and  $2  per  day  attendance.  Leg- 
islature authorized  to  submit  question  to  people 
and  if  majority  of  votes  favored  it,  general 
assembly  to  be  organized  according  to  the  Ordi- 
nance, except  members  of  council  to  be 
elective  and  serve  for  four  years.  When 
legislature  organized,  until  5,000  free 
white  males  of  age,  whole  number  of  rep- 
resentatives not  to  be  less  than  7  nor  more 
than  9.  To  be  apportioned  in  first  case  by  gov- 
ernor to  counties.  After  organization  of  as- 
sembly, to  be  apportioned  by  it.  Until  6,000 
inhabitants,  number  of  representatives  not  to 
be  more  than  12  nor  less  than  7.  After  6,000 
inhabitants  number  to  be  regulated  by  the 
Ordinance. 

79)  1824,  April  9.         Acts  of  James  Miller,  as  governor  of  Arkan- 

sas from  March  3,  1822,  to  January  3,  1823, 
confirmed.* 

80)  1824,  April  22.         Assent  of  Congress  given  to  act  of  Florida 

council,  "  for  levying  a  poll  tax." 

81)  1824,  May  26.  Florida   judicial   system   revised,  see  p.  33. 

To  be  three  attorneys  and  marshals.  Date  of 
session  of  legistative  council  changed.  Gov- 
ernor to  be  allowed  to  leave  Territory  without 
permission  of  President. 

82)  1824,  May  26.          Western  boundary  of  Arkansas  fixed. 


*Miller's  term  as  governor  expired  and  President  forgot  to  reappoint  him 
until  8  months  later,  hence  the  necessity  of  this  act.  In  organic  acts  of  Wis- 
consin 1836, and  Iowa  there  is  nothing  but  in  organic  act  of  Minnesota  1848,  and 
in  all  acts  since  then,  it  reads  for— years,  "  and  until  successor  be  appointed 
and  qualified." 


06 

83)  1824,  May  26.          District  court   in  Missouri  given  jurisdiction 

in  certain  land  cases.  The  same  extended  to 
superior  court  of  Arkansas.  For  these  services 
judges  granted  $800  yearly  in  addition  to  regu- 
lar pay. 

84)  1825,  Feb.  5.  Act  78)  for  Michigan  amended,  see  pp.  33  and 

34.  Council  increased  to  13.  $3  for  attendance 
and  $3  mileage.  Two  judges  necessary  to  hold 
court.  Governor  and  council  to  divide  Terri- 
tory into  townships  and  incorporate  the  same, 
etc. 

85)  1825,  March  3.         Concerning  wrecks  on  the  coast  of  Florida 

May  be  condemned  in  any  court  of  the  United 
States  Territories  having  competent  jurisdic- 
tion. 

86)  1826,  Feb.  1.  Act  of  Florida  council  "concerning  wreckers 

and  wrecked  property"  annulled  by  Congress. 

87)  1826,  May  4.  Boundary  between  Florida  and  Georgia  to  be 

,  marked. 

88)  1826,  May  15.  Amending  the  several  acts  for  Florida.     See 

p.  33.  Governor  to  divide  Territory  into  13  dis- 
tricts, designate  places  for  holding  elections, 
appoint  judges  of  election.  Date  of  first  election 
fixed.  Governor  and  council  to  regulate  it 
,^«^  thereafter.  Five  acts  passed  by  governor  and 
council  in  December,  1825,  disapproved. 

89)  1827,  Jan.  29.  Michigan  legislative  council  made  elective. 

See  p.  34.  Governor  and  council  to  apportion 
representatives.  Governor  and  council  author- 
ized to  provide  for  holding  of  one  or  more 
courts,  by  one  or  more  judges  of  superior  court, 
in  each  of  the  counties  east  of  Lake  Michigan ; 
and  to  prescribe  the  jurisdiction  and  the  powers 
and  duties  of  the  judges. 

90)  1827,  March  3.         Governor  and  council  of  Florida  authorized 

to  provide  for  holding  superior  courts  at  such 
other  places  as  may  be  necessary  for  more  con- 
venient administration  of  justice. 

91)  1828,  April  17.         Additional  judge  for  Arkansas.      Term   four 

years.  When  commissioned,  legislature  to 
organize  the  counties  into  four  judicial  districts, 
assign  a  judge  to  each,  and  require  each  to  hold 
circuit  or  district  courts  in  each  county.  To  be 
two  terms  annually  of  superior  court  at  seat  of 
government.  In  all  cases,  except  where  United 


67 

States  a  party,  legislature  authorized  to  fix  the 
jurisdiction  of  district  and  superior  courts. 
Appeals  from  district  courts  to  superior  court, 
and  from  superior  court  to  United  States 
Supreme  Court,  where  amount  over  $1,000. 
Appellate  cases  before  the  superior  court  to  be 
tried  by  the  judges,  or  any  two  of  them,  other 
than  the  judge  who  made  the  decision  in  the 
district  court. 

92)  1828,  April  28.         Date  of  session  of  Florida  council  changed. 

Proviso  in  act  77),  that  no  act  of  council  impos- 
ing tax  should  be  in  force  unless  approved  by 
Congress  (see  p.  31),  repealed.  At  next  ses- 
sion governor  and  council  ordered  to  district 
Territory  for  council  members,  and  to  alter 
these  districts  as  population  changed.  Judges 
anthorized  to  order  extra  terms,  or  to  adjourn. 
One  judge  permitted  to  hold  court  for  another 
when  compelled  to  be  absent. 

93)  1828,  May  19.  President  in   conjunction    with    constituted 

authorities  of  State  of  Louisiana  to  /un  and 
mark  boundary  of  Territory  of  Arkansas  and 
State  of  Louisiana. 

94)  1828,  May  23.          Jurisdiction  of  83)  given  to  Florida  courts. 

95)  1828.  May  23.  Another  judicial  district  in  Florida.     Same 

jurisdiction  as  other  superior  courts  of  Florida. 
Subject  to  same  laws.  Attorney  and  marshal. 
Sessions  fixed.  Salary  $2,000.  Directions 
regarding  salvage  in  certain  cases. 

9G)  1828,  May  24.  Members  of  Arkansas  legislature  to  be  paid. 

$3  attendance,  and  $3  for  every  25  miles  of 
actual  distance  from  residence  to  place  of  session, 
to  be  certified  to  by  governor.  $720  for  inci- 
dental expenses  of  legislature.  See  p.  34. 

97)  1829,  Jan.  21.  Citizens  of  Arkansas  and  Florida  authorized 

to  elect  their  officers,  civil  and  military,  except 
those  appointed  by  the  President,  and  justices 
of  the  peace,  auditor  and  treasurer  of  Territory 
who  were  to  be  elected  by  joint  vote  of  both 
houses  of  legislature.  Terms,  powers,  duties, 
fees,  and  emoulments  to  be  fixed  by  legislature. 
See  p.  34.  In  Florida,  members  of  councils 
increased  to  16.  Apportioned  to  the  several 
counties,  but  governor  and  council  authorized 
to  re-apportion.  Act  of  governor  and  council 


68 

fixing  seat  of  justice  of  Jackson  county  annulled, 
and  people  of  that  county  authorized  to  select 
their  county  seat,  as  permitted  to  other  counties 
under  laws  of  Territory. 

98)  1830,  April  2.  To  change,  in  Michigan,  time  and  place  of 

court  for  county  of  Crawford,  held  by  the  addi- 
tional judge  of  the  United  States.  See  76) 

99)  1830,  April  15.         Additional  brigadier  general  for  Arkansas  to 

be  appointed  by  President. 

100)  1830,  May  8.  Further  judicial  powers  given  in  jurisdiction 

granted  by  83). 

101)  1830.  May  8.  In    Arkansas,    governor    authorized    to    fill 

vacancies,  in  elective  offices  until  next  election, 
in  offices  filled  by  legislature  until  next  session 
of  legislature. 

102)  1830,  May  14,         In   Florida,   date  of    session    of    legislative 

council  changed.  1st  and  3d  sections  of  act  "to 
amend  an  act  for  apprehension  of  criminals, 
etc."  passed  by  governor  and  council,  annulled. 

103)  1831,  March  2.       To  mark  boundary  line  between  State    of 

Alabama  and  Territory  of  Florida,  and  to  mark 
Northern  boundary  of  State  of  Illinois. 

104)  1832,  March  22.     To  be  two  additional  members  of  council  in 

Florida. 

105)  1832,  May  31.        Suffrage  in  Arkansas  extended.     See  p.  34. 

106)  1832,  July  14.         Court  of  appeals,    in  Florida,   to  consist  of 

judges  of  superior  courts.  Majority  necessary 
to  hear  and  decide  causes,  but  any  two  suffi- 
cient to  grant  orders  and  writs.  Writs  of  error 
and  appeals  from  highest  court  of  law  and 
equity  in  the  Territory  to  Supreme  Court  of 
United  States  as  from  the  highest  court  of  law 
and  equity  in  a  State,  according  to  25th  section 
of  act  of  Sept.  24,  1789. 

107)  1833,  March  2.       Legislative  council    of    Michigan,    then    in 

session,  authorized  to  prolong  its  session  thirty 
days  beyond  time  allowed  by  law.  $2,000  appro- 
priated for  extra  expense. 

108)  1833,  March  2.       Legislative  council  of  Michigan    authorized 

to  re-district  Territory,  to  secure  more  equal 
representation  in  council.  If  council  adjourn 
before  April  1,  governor  to  district  Territory  by 
proclamation. 

109)  1834,  June  18.        New  apportionment  of  members  of  Florida 

council  made.  Council  forbidden  to  employ 
more  than  three  clerks,  nor  have  Territorial 


69 

laws  printed  in  more  than  three  newspapers  at 
public  expense.  Secretary  of  Territory  to 
superintend  printing  and  revision  of  laws. 
Amount  to  be  appropriated  by  council  not  to 
exceed  $7,000,  including  pay,  mileage  and  inci- 
dentals. Part  of  an  act  relating  to  printing  and 
binding  of  laws,  and  21st  section  of  an  act  of 
1834  relating  to  judicial  proceedings,  disap- 
proved and  annulled. 

110)  1834,  June  28.        Territory  west  of  the  Mississippi  and  north 

of  the  Missouri  attached  to  Michigan. 

111)  1834,  June  30.        Michigan  council  authorized  to  hold  extra 

session,  when  governor  thinks  proper.  $3,000 
appropriated  for  it. 

112)  1834,  June  30.        Superior  judges  in  Michigan,  Arkansas,  and 

Florida  to  receive  $300  additional  salary  yearly. 
Not  allowed  to  such  judges  in  Florida  and 
Arkansas  as  receive  extra  compensation  for  land 
cases  by  83)  and  94).  To  take  effect  with  them 
when  extra  pay  for  land  cases  no  longer  allowed. 

113)  1834,  June  30.        Acts  of  Florida  council,  imposing  greater  tax 

on  slaves  or  other  property  of  non-residents 
than  on  those  of  residents  repealed .  County  of 
Leon  to  elect  two  additional  members  of  council. 

114)  1835,  March  3.       Company  organized  under  act  of  governor 

and  council  of  Florida  authorized  to  construct  a 
railroad  upon  public  lands. 

115)  1836,  Feb.  25.        Special  term  of  court  of  appeals  for  Florida 

ordered.  When  regular  term  not  held,  judges 
may  appoint  special  term.  Slight  changes 
made  in  two  judicial  districts. 

116)  1836,  April  20.       Territory  of  Wisconsin  organized,  see  pp.  39 

et  seq. 

Act  does  not  affect  rights  of  Indians,  nor  inhibit 
Federal  government  from  dividing  as  it  pleases. 
Governor's  term  three  years,  secretary's  four. 
Council  to  number  13,  house  26 ;  to  be  ap- 
portioned to  counties  according  to  population, 
except  Indians.  Governor  to  order  first  election 
and  apportionment,  but  thereafter  legislature  to 
do  all  this,  and  fix  date  of  annual  sessions,  but 
no  session  to  be  more  than  75  days.  Justices  of 
peace  not  to  have  jurisdiction  over  $50.  Mem- 
bers of  legislature  must  be  residents  of  district. 
No  one  holding  commission  under  United 
States,  except  militia  officers,  eligible  to  office. 


70 

Salaries  :  as  governor  and  superintendent  of 
Indian  affairs,  $2,500;  judges,  $1,800;  secretary, 
$1,200.  Members  of  assembly  $3  attendance,  $3 
mileage.  $350  for  contingent  expenses  to  be 
expended  by  governor,  and  a  sufficient  sum  for 
legislative  expenses. 

117)  1836,  July  1.  Restriction   of    legislative   powers   to   incor- 

porate banks,  and  to  disapprove  certain  acts  of 
Florida  legislature,  see  p.  41. 

118)  1836,  July  2.          Act  of  Florida  council  "to  change  terms  of 

superior  court  for  middle- district,"  approved. 
Act  to  amend  the  act  ' '  incorporating  Appala- 
chiola,"  and  act  to  "change  county  seat  of 
Franklin,"  and  so  much  of  an  act  as  directs  a 
^^--  superior  court  for  southern  district  at  Indian 
Key,  are  annulled. 

119)  1837,  Jan.  31.        Similar  to  114). 

120)  1837,  March  3.       Acts  of  Wisconsin  legislature   incorporating 

three  banks,  approved,  but  on  condition  that 
none  of  them  should  issue  bank  notes  until  one 
half  of  capital  paid  in  ;  capital  not  to  be  more 
than  $200,000  except  with  consent  of  Congress  ; 
none  to  owe  more  than  twice  the  amount  of 
paid  in  capital  above  deposits. 

121)  1838,  June  12.       Territory  of  Iowa  organized.     Same  as  Wis- 

consin 116),  except : — see  p.  41,  and  judges  were 
to  receive  salary  of  $1,500.  Governor  tem- 
porarly  to  define  districts  and  assign  judges, 
but  legislature  may  change  at  any  time. 

122)  1838,  June  12.         Joint  resolution  disapproving  act  of  Wiscon- 

sin legislature  incorporating  State  bank. 

123)  1838,  June  18.         Assent  of  Congress  given  to  act  of  Wisconsin 

incorporating  the  Milwaukee  and  Rock  River 
Canal  Company.  Until  Territory  becomes  a 
State,  Congress  may  prescribe  and  regulate  tolls 
to  be  received  by  said  company,  after  admission 
of  State,  legislature  to  have  that  power. 

124)  1838,  June  12.        Boundary  line  between  State  of  Michigan 

and  Territory  of  Wisconsin  to  be  marked. 

125)  1838,  June  18.         Southern  boundry  of  Iowa  to  be  ascertained. 

126)  1838,  June  28.         Act  of  Florida  incorporating  Florida  Penin- 

sula Railroad  and  Steamboat  Company 
approved,  provided  no  banking  privilege  con- 
veyed, and  same  proviso  regarding  regulation 
of  tolls  as  above— 123). 


71 

127)  1838,  July  7.  Florida  legislature   reorganized,   see   p.   41' 

House  same  as  present  council  with  3  more. 
Senate  of  11  from  judicial  districts.  $4  during 
sessions,  and  $4  mileage.  Senate  may  be  in- 
creased to  15.  Date  of  election  fixed.  No 
session  over  75  days.  Council  may  re-apportion 
members  of  both  houses. 

128)  1838,  July  7.  New  judicial  district  (5th)  ordered  for  Florida. 

Judge,  marshal  and  district  attorney  to  be  ap- 
pointed, same  powers,  jurisdiction  and  salaries 
as  in  other  superior  courts  in  Florida. 

129)  1839,  March  3.       Judges  salaries  in  Iowa  to  be  the  same  as  in 

Wisconsin. 

130)  1839,  March  3.       Legislatures  of  Wisconsin  and  Iowa  author- 

ized to  overrule  governors  veto,  see  pp.  41  and 
42.  Governor  must  return  bills  within  3  days. 
This  act  does  not  affect  power  of  Congress 
over  laws  of  Territorial  assembly. 

131)  1839,  March  3.       Eastern  boundary  of  Iowa  to  be  defined. 

132)  1839,  March  3,       Iowa  legislature   to   provide   for  election  or 

appointment  of  sheriffs,  judges  of  probate,  jus- 
tices of  peace,  and  county  surveyors.  Cf,  139) 
and  p.  36 — 6).  Term  of  present  delegate  to 
expire  at  certain  date,  date  of  next  election 
fixed  and  thereafter  delegate  to  serve  for  a  Con- 
gress as  members  of  the  House  of  Repre- 
sentatives. 

133)  1841,  Aug.  19.        Uniform  system   of  bankruptcy  throughout 

the  United  States  established.     Superior  courts 
of  Territories  given   same   jurisdiction,  power 
and  authority  as  United  States  district  courts. 
Repealed  March  3, 1843. 

134)  1842,  May  18.         Clause  in  appropriation  act,  that  the  legisla- 

tive assembly  of  no  Territory  should,  under  any 
pretex  whatever,  exceed  amount  appropriated 
by  Congress  for  its  annual  expenses. 

135)  1842,  Aug.  11.        Judges  in  Iowa  to  be  assigned  to  districts  as 

heretofore,  until  otherwise  ordered  by  Terri- 
torial assembly. 

136)  1842,  Aug.  29.        Proper    officers    of    Treasury     Department 

directed  to  settle  accounts  of  legislative  assem- 
blies of  Wisconsin  and  Florida,  and  not  to  allow 
extra  compensation  to  members,  except  to  pre- 
siding officers,  nor  to  secretary  of  Territory,  nor 
clerk  of  either  house,  see  p.  42,  N.  12.  All 
accounts  of  money  appropriated  by  Congress 


72 

for  Territories  to  be  settled  at  Treasury  Depart- 
ment. No  payment  to  be  made  or  allowed 
unless  Secretary  of  Treasury  have  estimated 
therefore  and  object  be  approved  by  Congress. 
Charges  to  be  allowed  for  5  clerks,  to  none  of 
whom  shall  more  than  $3  per  day  be  paid. 
Secretary  of  Territory  to  prepare  acts  for  print- 
ing, furnishing  .copy  to  public  printer  within 
ten  days  after  passage  of  each  act. 

137)  1843,  March  3.       Wisconsin  legislature  to  provide  for  election 

or  appointment  of  officers  as  in  132),  cf.  139). 
At  expiration  of  present  terms,  members  of 
both  houses  to  be  elected  for  same  terms  as  in 
Iowa. 

138)  1844,  April  30.       Extra  session  of  Iowa  legislature  authorized 

provided,  government  of  United  States  bear 
no  portion  of  expense. 

139)  1844,  June  15.         Territorial    legislatures    authorized    to    r-e- 

apportion  representation,  and  justices  of  peace 
and  all  general  militia  officers  to  be  elected  by 
people. 

140)  1844,  June  17.        Commissioner  for  Iowa  to  be  appointed  to 

meet  with  commissioner  from  Missouri  to 
ascertain  boundary  line  between  Iowa  and 
Missouri. 

141)  1846,  Aug.  6.  Territory  of  Wisconsin  authorized   to  form 

constitution  and  State  government. 

142)  1848,  Feb.  2.          TREATY  OF  GUADALUPE    HIDALGO. 

Ratifications  exchanged  at  Queretaro,  May  30, 
1848.  Proclaimed  July  4,  1848.  By  this  treaty 
the  United  States  acquired  territory  lying 
between  the  Rio  Grande  river  north  along  the 
106th  meridian  of  longitude  west  from  Green- 
wich to  the  42d  parallel  north  latitude,  and  along 
that  parallel  to  the  Pacific  Ocean. 

ARTICLE  IX. 

"  The  Mexicans  who,  in  the  territories  aforesaid,  shall  not  pre- 
serve the  character  of  citizens  of  the  Mexican  Republic,  conformably 
with  what  is  stipulated  in  the  preceding  article,  shall  be  incorpor- 
ated into  the  Union  of  the  United  States,  and  be  admitted  at  the 
proper  time  (to  be  judged  of  by  the  Congress  of  the  United  States) 
to  the  enjoyment  of  all  the  rights  of  citizens  of  the  United  States, 
according  to  the  principles  of  the  Constitution,  and  in  the  mean- 
time shall  be  maintained  and  protected  in  the  free  enjoyment  of 
their  liberty  and  property,  and  secured  in  the  free  exercise  of  their 
religion  without  restriction. 


73 

143)  1848,  Aug.  14.        Territory  of  Oregon  organized.     See  pp.  42 

and  43.  Lower  house  of  legislature  of  18,  might 
be  increased  to  30,  for  1  year.  No  session  more 
than  60  days,  except  first  might  be  100.  Legis- 
lature to  provide  for  appointment  or  election 
of  all  township,  district,  and  county  officers  not 
otherwise  provided  for.  Judges  to  serve  for  4 
years.  Justices  of  peace  not  to  have  jurisdic- 
tion in  land  cases  or  where  amount  over  $100. 
Appeals  from  superior  court  to  United  States 
Supreme  Court  only  where  over  $2,000.  Salar- 
ies, governor  $1,500,  and  $1,500  as  superin- 
tendent of  Indian  affairs;  judges,  $2,000,  secre- 
tary, $1,500.  Members  of  legislature  $3  per  day 
attendance  and  $3  mileage.  Chief  clerk  $5  and 
3  other  clerks  $3  per  day  for  each  house.  Speci- 
fied that  all  taxes  should  be  equal,  no  distinc- 
tion in  assessments  between  different  kinds  of 
property.  Every  law  should  embrace  but  one 
object  and  have  that  expressed  in  the  title.  No 
one  in  army  or  navy  ever  to  hold  civil  office,  and 
not  to  be  allowed  to  vote  until  after  six  months 
residence.  Mileage  of  delegate  to  Congress 
limited  to  $2,500.  Existing  laws  now  in  force 
in  the  Territory  of  Oregon  under  authority  of 
provisional  government  established  by  the 
people  thereof,  to  be  in  force  until  otherwise 
ordered  by  the  legislature. 

144)  1849,  March  3.       Territory  of  Minnesota  organized,  see  pp.  42 

and  43.  9  members  of  upper  house,  18  of  lower. 
Xo  session  over  60  days.  Justices  of  peace 
given  jurisdiction  up  to  $100.  Salary  of  secre- 
tary, $1,800.  Ordinance  of  1787  extended  over 
Territory.  Legislature  not  empowered  to  fix 
permanent  seat  of  government  for  the  Territory, 
but  were  to  arrange  by  law  for  submitting  that 
question  to  a  vote  of  the  people. 

145)  1850,  June  5.          In  Oregon,  superintendent  of  Indian  affairs 

separated  from  governor.  Governor's  salary 
$3,000. 

146)  1850,  July  18.         Governors  of  Oregon  and  Minnesota  to  re- 

port to  Congress  annually  detailed  statement 
of  expenditure  of  appropriations  of  Congress 
for  Territories,  expended  by  governor  and 
assembly. 


74 

147)  1850,  July  18.         Minnesota  and  Oregon  authorized  to  prolong 

next  annual  session  of  legislatures  to  90  days. 

148)  1850,  Sept.  9.         Territory  of  New  Mexico  organized,  see  pp. 

42  and  43.  Term  of  governor,  secretary  and 
judges  4  years.  Council  of  13,  2  years  ;  house 
of  26,  1  year.  Apportionment  according  to  popu- 
lation Indians  excepted  40  days  limit  of  ses- 
sions. No  one  holding  commission  under 
United  States,  except  postmasters,  eligible  for 
office.  Salaries:  As  governor,  $1,500;  and  as  sup- 
erintendent of  Indian  affairs,  $1,000;  judges 
and  secretary,  $1 ,800  each ;  members  of  assembly, 
$3  per  day  attendance  and  $3  mileage.  $1,000 
for  contingent  expenses.  Sufficient  sum  for 
legislative.  Mileage  of  delegate  limited  as  from 
Oregon. 

No  citizen  of  United  States  shall  be  deprived 
of  his  life,  liberty,  or  property  in  Territory, 
except  by  judgment  of  his  peers  and  law  of 
the  land. 

149)  1850,  Sept.  9.         Territory  of  Utah  organized,  exactly  same  as 

for  New  Mexico,  except  last  section  omitted. 

150)  1850,  Sept.  18.       Territorial  superior  courts  given  same  power 

as  United  States  circuit  courts,  in  appointing 
commissioners,  etc.,  relating  to  fugitive  slaves. 

151)  1850,  Sept.  20.        Clause  in  deficiency  appropriation  act.  Mile- 

age of  delegate  from  Oregon  to  be  computed 
according  to  the  most  usually  traveled  route 
within  the  limits  of  the  United  States. 

152)  1851,  Feb.  19.        Legislatures  of  Minnesota  and  Oregon  author- 

ized to  employ  one  additional  clerk  in  each 
house  at  same  rate  as  other  clerks 

153)  1851,  March  3.       Clause  in  appropriation  act.     Salary  of  any 

officer  in  any  Territory  of  the  United  States  not 
to  be  paid  in  any  case  where  he  shall  absent 
himself  from  Territory  and  official  duties  for  a 
period  of  time  greater  than  sixty  days. 

154)  1852,  May  4.          Joint  resolution   approving  act    of    Oregon 

assembly  selecting  Salem  as  seat  of  government, 
legalizing  session  of  assembly  held  there. 

155)  1852,  May  19.        Limit  on  mileage  of  delegate  from  Oregon 

removed. 

156)  1852,  June  15.        If  Territorial  officer  absent  from  Territory,  no 

salary  to  be  paid  during  that  year,  unless  Presi- 
dent certify  that  there  was  a  good  cause  for  it. 


75 

Previous  act  153)  modified,  so  that  officer  can  re- 
ceive salary  if  absent  more  than  60  days,  if  Presi- 
dent certify  it  was  for  good  cause.  Does  not 
apply  to  certain  officers  in  Utah. 

157)  1852,  Aug.  31.  Clause  in  appropriation  act.  That  if  Terri- 
torial officer  absent  more  than  60  days,  he  shall 
not  be  paid  for  time  absent. 

15S)  1853,  March  2.  Territory  of  Washington  established.  See 
pp.  42  and  43.  Provisions  copied  from  act  for 
Oregon. 

159)  1853,  March  3.        New  Mexico  assembly  authorized  to  employ 

a  translator  and  interpreter  and  two  clerks  in 
addition  for  each  house.  Of  four  clerks  for 
each  house,  two  to  be  qualified  to  write  in 
Spanish  and  two  in  English.  Sessions  to  be 
limited  to  60  days. 

160)  1853,  March  3        Governor  of  New  Mexico  authorized  to  call 

extra  session  of  assembly,  not  to  exceed  90  days, 
and  to  be  finished  before  first  Monday  of 
December,  1853. 

161)  1854,  Dec.  30.         GADSDEN     PURCHASE.       Treaty    with 

Mexico.  Ratifications  exchanged  June  30, 1854  ; 
proclaimed  June  30,  1854.  By  which  the  United 
States  acquired  the  tract  of  land  now  lying  in 
the  southern  part  of  the  Territories  of  New 
Mexico  and  Arizona,  then  in  the  Republic  of 
Mexico  and  adjoining  the  United  States  south 
of  the  river  Gila,  and  from  the  Rio  Grand  on 
•  the  east  to  a  point  twenty  miles  below  the  mouth 
of  the  Gila  on  the  west,  on  the  Colorado  river. 
ARTICLE  V. 

"  All  the  provisions  of  the  8th,  9th.  16th,  and  17th  articles  of  the 
Treaty  of  Guadalupe  Hidalgo,  shall  apply  to  the  Territory  ceded  by 
the  Mexican  Republic  in  the  first  article  of  the  present  treaty,  and  to 
all  the  rights  of  persons  and  property,  both  civil  and  ecclesiastical, 
within  the  same,  as  fully  and  effectually  as  if  the  said  articles  were 
herein  again  recited  and  set  forth." 

162)  1854,  May  30.         Territories  of  Nebraska  and  Kansas   estab- 

lished. See  pp.  42, 43  and  N.  20.  Representa- 
tion in  legislatures  may  be  increased  in  propor- 
tion to  increase  in  population.  Salaries  :  Gov- 
ernor, $2,500;  secretary  and  judges,  $2,000  each. 
Presiding  officers  in  each  house  $3  extra. 
Chief  clerk  $4  and  3  other  clerks  $3  per  day 
each.  No  one  in  army  and  navy  to  vote  or  hold 
office  by  reason  of  being  in  service  therein. 


76 

163)  1854,  July  27.         Some  changes  in  salaries.    Judges  in  Oregon, 

Washington,  Utah,  and  New  Mexico,  $2,500  ; 
in  Minnesota,  $2,000.  Governor  of  New  Mexico, 
$3,000.  Secretary  in  Oregon,  Washington,  Utah 
and  New  Mexico,  $2,000. 

164)  1854,  Aug.  2.         District  court  of  New  Mexico  to  have  juris- 

diction over  cases  arising  under  revenue  laws 
in  county  of  El  Paso  in  Texas  and  in  New 
Mexico. 

165)  1854,  Aug.  4.          The  territory  acquired  from  New  Mexico  by 

the  Gadsden  purchase  incorporated  in  the  Terri- 
tory of  New  Mexico. 

166)  1856,  Feb.  11.        Proclamation  of  President  against  persons 

attempting  to  control  the  political  organization 
of  Kansas  by  force. 

167)  1856,  May  15.        Salary  of  governor  of  New  Mexico  $3,000  to 

be  construed  as  full  salary  as  governor  and  as 
superintendent  of  Indian  affairs. 

168)  1856,  Aug.  16.        Judges  of  Territorial  supreme  courts  may  fix 

times  and  places  of  their  courts,  in  not  more 
than  three  places  in  any  one  Territory.  No 
officers  of  court  to  have  witness  fees.  Each 
judge  of  Territorial  supreme  court  to  appoint 
one,  and  only  one  clerk  for  his  district. 

169)  1856,  Aug.  18.        Compensation,  mileage,  and   contingent  ex- 

penses of  Minnesota  legislature  not  to  exceed 
sums  previously  appropriated  therefor. 

170)  1857,  Feb.  26.        Minnesota  authorized  to  form   constitution 

and  State  government. 

171)  1857,  March  3.       In    Oregon,   Washington,   Utah,    and    New 

Mexico  the  duties  of  superintendent  of  Indian 
affairs  separated  from  those  of  governor.  The 
salary  of  the  governor  of  Washington  was  made 
the  same  as  of  the  governor  of  Oregon;  in  Utah 
and  New  Mexico,  $2,500. 

172)  1858,  June  5.          President  to  appoint  person  or  persons,  who 

in  conjunction  with  such  persons  appointed  by 
the  State  of  Texas  to  define  boundaries  between 
Texas  and  the  Territories  of  the  United  States. 

173)  1858,  June  14.        Judges  of  supreme  court  of  each  Territory 

may  hold  court  in  counties  where  by  laws  of 
Territory  courts  have  already  been  established , 
to  hear  causes,  except  those  in  which  the  United 
States  is  a  party,  Provided,  That  the  expense  be 
paid  by  Territory  or  county  and  not  by  the 
United  States. 


77 

174)  1860,  May  26.        Same  provision  made  in  respect  to  California 

as  in  172). 

175)  1861,  Feb.  8.          Superintendent  of  Indian  affairs  for  Wash- 

ington. 

176)  1861,  Feb.  28.         Territory  of  Colorado  organized,  see  pp.  42- 

44  Governor  given  absolute  veto.  Council  of 
9,  may  be  increased  to  13,  for  two  years.  House 
of  13  to  26  for  one  year.  Apportionment 
according  to  population  except  Indians.  No  ses- 
sion over  40  days,  except  first  of  60.  No  one  hold- 
ing commission  under  United  States,  except 
postmasters,  eligible  to  office.  Salaries,  &c.,  as 
in  148). 

177)  1861,  March  2.       Territory  of  Nevada  organized  as  in  Colo- 

rado. 

178)  1861,  March  2.       Territory  of  Dakota  organized  as  in  Colorado. 

Certain  portions  of  Utah  and  Washington  added 
to  Nebraska. 

179)  1861,  May  21.         Session  of  Colorado  Assembly  postponed. 

180)  1862,  June  19.        Slavery  forbidden  in  Territories,  see  p.  44. 

181)  1862,  July  1.  Bigamy  forbidden  in  Territories,  see  p.  45.  1         / 

Certain  act  of  Utah,  and  all  such  acts  counten-  )    jf 
ancing  polygamy  disapproved. 

182)  1862,  July  14.         Territorial  limits  of  Nevada  extended. 

183)  1863,  Feb.  9.          In  Washington,  district  court  to  be  held  at 

such  times  and  places  in  districts  (not  exceeding 
three  places  in  each)  as  legislature  shall  deter- 
mine. Until  otherwise  provided,  to  be  held  as 
now. 

184)  1863,  Feb.  24.         Territory   of  Arizona  organized,  see  pp.  42 

to  44.  Act  differs  from  other  organic  acts. 
Only  three  sections.  First  defines  boundaries. 
Second  declares  there  shall  be  a  governor; 
council  of  9,  and  a  house  of  18  ;  a  supreme  court 
of  three  judges,  and  inferior  courts  as  the  legis- 
lature shall  establish  ;  also  a  secretary,  marshal, 
district  attorney  and  a  surveyor  general ;  the 
last  four  and  governor  and  judges  to  be 
appointed  by  the  President ;  terms,  powers, 
duties,  and  compensation,  and  subordinate 
officers  as  by  the  organic  act  of  Xe\v  Mexico  ; 
acts  amendatory  thereto,  and  all  legislative  acts 
of  New  Mexico  to  be  in  force  in  Arizona,  unless 
inconsistent  with  this,  but  no  salaries  to  be 
paid  until  officers  enter  on  duties.  Third  pro- 
vides that  there  shall  be  no  slavery. 


78 

185)  1863,  March  2.       Organic  act  for  Colorado  amended.     Legis- 

lature may  overrule  governor's  veto  by  a  two- 
thirds  vote,  and  governor  must  return  bill  with- 
in three  days.  Justices  of  the  peace  given 
jurisdiction  up  to  $300,  and  probate  courts  up  to 
$2,000.  Appeals  allowed  from  probate  courts 
to  Territorial  supreme  court.  In  Dakota,  gov- 
ernor's veto  qualified  same  as  above. 

186)  1863,  March  3.       That  section  of  law  of  Nevada  which  requires 

corporations  owning  property  within  the  Terri- 
tory but  with  principal  place  of  business  outside 
it  to  remove  office  to  the  Territory,  disapproved. 
Any  company,  duly  organized  within  any  State 
or  Territory,  may  sue  and  be  sued,  etc.,  in 
Nevada  courts. 

187)  1863,  March  3.       District  court  of  New  Mexico  given  certain 

jurisdiction  over  citizens  of  El  Paso  County, 
Texas. 

188)  1863,  March  3.       Territory  of  Idaho  organized,  see  pp.  42-44. 

Further  provisions  as  in  192). 

189)  1864,  March  21.      Nevada  authorized  to  form  constitution  and 

State  government. 

190)  1864,  March  21.      Colorado  authorized  to  form  a  constitution 

and  State  government. 

191)  1864,  April  19.       Nebraska   authorized  to  form  a   constitution 

and  State  government. 

192)  1864,  May  26.         Territory  of  Montana  organized,  see  pp.  42- 

44.  Council  of  7,  may  be  increased  to  13,  for 
two  years  House  of  13,  to  26  for  one  year. 
Apportionment  according  to  qualified  voters. 
Session's  limit  40  days  except  first  which  may  be 
60.  Citizens  qualified  as  in  Idaho  to  vote  at 
first  election.  Governor's  veto  can  be  overruled 
by  two-thirds  vote.  Governor  must  return  bill 
within  3  days  or  it  becomes  law  Restrictions 
that  members  of  assembly  not  allowed  to  hold 
office  created  during  their  term,  etc.,  not  to 
apply  to  members  of  first  assembly.  No  one 
holding  appointment  under  United  States, 
except  postmasters  eligible  to  office.  Salaries  : 
Governor,  $2,500;  judges,  $2,500;  secretary, 
$2,000.  Members  of  assembly  $4  for  attendance, 
and  $4  mileage.  $4  per  day  to  presiding  officer 
of  each  house.  Chief  clerk.  $4;  five  other 
clerks,  $3  each.  One  session  annually.  Gov- 
ernor may  call  extraordinary  session.  Assembly 


79 

to  make  no  expenditure  for  objects  not  specially 
authorized  in  the  appropriation  acts  of  Con- 
gress, nor  beyond  the  sums  thus  appropriated. 
Assembly  to  locate  seat  of  government,  which 
cannot  be  changed  but]by  act  of  assembly,  rati- 
fied at  next  election  by  majority  of  votes  cast 
on  question. 

Portion  of  Territory  of  Idaho  made  part  of 
Dakota. 

193)  1864,  June  17.        Governor's  veto  in  Washington  may  be  over- 

ruled by  two  -  thirds  vote .  Governor  must  return 
within  5  days,  or  it  becomes  law. 

194)  1864,  June  20.        In  Idaho  governor  may  re-apportion  for  mem- 

bers of  legislature,  on  basis  of  census  to  be 
taken.  Rights  of  members  elect  not  impaired. 
Date  of  election  fixed. 

195)  1866,  April  10.       Right  of  way  granted  to  the  Cascade  Railroad 

Company,  organized  under  laws  of  Washington 
Territory,  and  charter  of  said  company  declared 
valid. 

196)  1866,  June  29.        Sessions  of  legislature  of  Washington  to  be 

biennial,  see  p.  43,  N.  17.  Members  of  council 
to  be  elected  for  4  years,  members  of  house  for  2. 
To  receive  $6  per  day  instead  of  $3,  mileage  as 
now.  An  additional  clerk  allowed.  Chief  clerk 
to  receive  $6,  and  others  $5.  Time  of  first  elec- 
tion for  biennial  session  fixed.  Act  of  legislature 
"  in  relation  to  Skamania  county,"  disapproved. 

197)  1866,  July  26.         Each  judge  of  district  court  of  Washington 

shall  appoint  clerk  for  his  court,  with  same 
powers  and  subject  to  same  provisions  as  clerk 
of  supreme  court  of  Territory. 

198)  1867,  Jan.  24.         Regulating  the  elective  franchise  in  the  Ter- 

ritories, see  p.  44. 

199)  1867,  March  2.       Legislative  assemblies  and  private  charters, 

see  p.  47.  Probate  courts  in  Montana  to  have 
jurisdiction  in  civil  cases  up  to  $500,  and  in 
criminal  cases  not  requiring  grand  jury.  No 
jurisdiction  in  land,  nor  in  chancery  or  divorce 
causes.  Judges  to  define  districts,  assign 
judges,  and  fix  times  and  places  of  courts. 
Governor  to  determine  election  districts,  and 
apportion  representatives,  but  only  for  next 
election.  Acts  of  legislative  assembly  of  1866, 
disapproved.  Judges  of  Montana  and  Idaho  to 
receive  salary  of  $3,500,  of  all  the  other  Terri- 
tories, $2,500. 


80 

200)  1867,  March  2.       In    Idaho,   judges    to    define    districts    and 

assign  judges,  and  fix  times  and  places  of 
courts.  Date  of  next  session  and  of  next  elec- 
tion* fixed.  Thereafter  sessions  and  elections 
to  be  biennial.  Members  of  house  to  be  elected 
for  two  years,  of  council  for  four  years.  At 
next  election  one  half  of  members  of  conncil  to 
be  elected  for  two  years  and  one  half  for  four. 

201)  1867,  March  2.       Jurisdiction  of  Territorial  supreme  courts  in 

bankruptcy  cases,  see  p.  45  and  183). 

202)  1867,  March  2.       Peonage  abolished  in  New  Mexico  and  United 

States. 

203)  1867,  March  26.     Resolution  that  laws  passed  by  the  last  legis- 

lative assembly  of  New  Mexico  and  signed  by 
acting  secretary  and  acting  governor  have  full 
force  and  effect. 

204)  1867,  March  30.     Sessions  of  Colorado  legislative  assembly  to 

be  biennial.  Members  of  council  elected  for  four 
years,  members  of  house  for  two.  To  receive 
$6  per  day  and  mileage  as  now.  May  elect  an 
additional  clerk.  Chief  clerk  to  receive  $6  per 
day,  others  $5. 

205)  1868,  July  20.         Proviso  in  appropriation  act.     The  legislative 

assemblies  to  have  biennial  sessions  after  the 
first  day  of  July  next,  see  p.  46. 

206)  1868,  July  25.         Wyoming    Territory    organized,    see    p.    49. 

Council  of  9,  may  be  increased  to  13,  for  two 
years.  Members  of  house,  13  to  27,  for  one 
year.  Act  198)  incorporated  in  this  act.  Gov- 
ernor's veto  can  be  overruled  by  two-thirds 
vote.  Bill  becomes  law  without  governor's 
signature  if  he  do  not  return  it  within 
five  days,  unless  assembly  adjourn.  No  limit 
on  jurisdiction  of  probate  courts.  Salaries : 
governor,  $2,000  as  governor  and  $1,000  as 
superintendent  of  Indian  affairs  ;  judges,  $2,500  ; 
secretary,  $1,800  ;  members  of  assembly,  $4  for 
attendance,  and  $3  mileage.  General  laws  of 
Dakota  in  force  until  repealed  by  Wyoming 
assembly. 

207)  1868,  July  27.         Act    of    Washington    assembly,     "defining 

/     judicial  districts  and  assigning  judges,"  disap- 
proved. 

208)  1868,  July  27.         In   New    Mexico,   governor's    veto    may    be 

overruled  by  two-thirds  vote.  Bill  becomes  law 
without  governor's  signature,  if  not  returned 


81 

within  three  days,  provided  assembly  does  not 
in  meantime  adjourn.  Secretary  of  New  Mexico 
to  be  superintendent  of  public  buildings  and 
grounds,  and  receive  $1,000  annually  therefor. 
His  duty  to  administer  oath  to  members  elect  of 
both  houses  of  legislature  ;  no  one  else  com- 
petent unless  secretary  absent.  His  salary  to 
be  $2.000. 

209)  1868,  July  27.        Customs,  etc.,  laws  of  the  United  States  ex- 

tended over  Alaska.  District  court  of  Washing- 
ton, with  United  States  district  courts  of 
California  and  Oregon  to  have  jurisdiction  in  all 
cases  arising  under  these  laws. 

210)  1868,  July  27.        Governor  to  assign  district  judges  to  districts 

in  Utah,  and  appoint  time  and  place  of 
holding  court,  not  more  than  two  terms  in  each 
in  one  year. 

211)  1869,  March  1.       Representatives  in  Montana  to  be  elected  for 

two  years,  and  sessions  of  assembly  to  be 
biennial. 

212)  1869,  March  3.       Clause  in  appropriation  act,  that  sessions  of 

Territorial  assemblies  be  biennial,  see  p.  46. 

213)  1869,  March  3.       Clause  in  deficiency  appropriation  act,  that 

salaries  of  Utah  judges  be  the  same  as  in  Idaho 
and  Montana.  Another  proviso,  that  salaries  of 
judges  of  Wyoming  do  not  commence  until  they 
have  been  commissioned  and  qualified. 

214)  1869,  March  3.       Date  fixed  for  election  of  delegate  in  Wash- 

ington and  Idaho,  and  afterwards  biennially  on 
same  date  ;  other  officers  elected  at  the  same 
time  to  be  elected  at  these  dates,  unless  Terri- 
torial laws  otherwise  provide. 

215)  1869,  April  10.       Acts   of  New   Mexico  legislature  imposing 

capitation  tax  on  cattle  introduced  into  Terri- 
tory from  other  Territories  or  States  or  Mexico, 
disapproved  and  repealed. 

216)  1869,  March  3.       A  railway  and  telegraph  company  '   existing 

under  the  laws  of  the  Territory  of  Colorado," 
recognized  by  this  act. 

217)  1869,  March  3.       Walla- Walla  and  Columbia  River  Railroad 

Company,  a  corporation  under  laws  of  Washing- 
ton, "  and  duly  incorporated"  granted  right  of 
way.  County  commissioners  of  Walla-Walla 
may  subscribe  to  stock,  after  it  has  been  approved 
by  three-fourths  vote  of  people  of  county  at 
special  election. 


82 

218)  1870,  March  23.     Apportionment  of  members  of  Arizona  assem- 

bly in  1866,  1867, 'and  1868,  by  the  governor 
declared  valid.  Date  of  next  election  for  all 
officers  fixed.  Apportionment  by  governor. 
Date  of  session  of  assembly  fixed.  Justices  of 
peace  not  to  have  jurisdiction  in  land  cases  or 
where  amount  be  over  $300. 

219)  1870,  April  28.       Boundary  between  State  of  Nebraska  and 

Territory  of  Dakota  re-defined. 

220)  1870,  May  4.          Appeals  from  probate  courts  in  Colorado  to 

district  court  and  not  directly  to  supreme  court. 
General  assembly  by  general  laws,  authorized 
to  incorporate  for  charitable  or  educational 
purposes. 

221)  1870,  June  17.        Salaries  of  Judges  in  all   Territories,  $3,000. 

222)  1870,  June  30.        On  the  jurisdiction  of  Territorial  courts  in 

bankruptcy. 

223)  1870,  July  1.  Two  sections  of  an  act  of  Wyoming  assembly 

"  for    the    collection    of     taxes,"    and    eleven 
^/r         sections  of  an  act  "  to  create  and  regulate  cor- 
porations," disapproved. 

224)  1870,  July  8  Congress    incorporates    the    United     States 

/Freehold  Land  and  Emigration  Company  in 
Colorado  and  New  Mexico. 

225)  1870,  July  14.         Portion  of  a  statute  of  New  Mexico  legisla- 

ture disapproved. 

226)  1870,  July  14.         Writs  of  error  allowed  from  probate  court  in 

Colorado  to  supreme  court  of  Territory. 

227)  1870,  July  15.         Laws  of  Idaho  assembly  taxing  Chinamen, 

.s  etc.  disapproved.  Act  creating  district  attorney 
in  each  county  disapproved.  Acts  giving  extra 
pay  to  officers  paid  by  the  United  States  dis- 
approved. 

228)  1870,  Dec.  13.         Probate  courts  in  Idaho  to  have  jurisdiction 

up  to  $500,  and  in  criminal  cases  not  requiring 
a  grand  jury,  but  not  in  land,  chancery,  or 
divorce  cases.  Appeals  to  lie  from  probate 
courts  to  the  district  court. 

229)  1870,  Dec.  15.         Right  of  way  granted  to  Utah  Central  Rail- 

road, a  corporation  created  under  laws  of  Utah. 

230)  1871,  Feb.  21.         Apportionment   of  members  of  assembly  of 

Colorado  to  be  made  by  governor,  chief  justice 
and  United  States  attorney. 

231)  1871,  Feb.  21.        Apportionment  act  of  legislature  of  Wyoming 

disapproved. 


83 


232)  1871,  April  20 

233)  1872,  Feb.  2. 

234)  1872,  May  8. 

235)  1872,  May  9. 

236)  1872,  May  8. 

237)  1872,  May  27. 

238)  1872,  June  1. 


239)    1872,  June  1. 


240)     1872,  JuneS. 


241)    1872,  June  8. 


242)    1872,  June  8. 


243)     1872,  June  10, 


Date  of  session  of  New  Mexico  legislature 
fixed,  and  election  ordered. 

No  State  to  be  admitted  to  the  Union  with- 
out having  the  necessary  population  to  entitle 
it  to  one  Representative. 

Clause  in  appropriation  act.  Expense  for 
printing  for  any  session  of  the  legislature  of 
any  Territory  not  to  exceed  $4,000. 

In  Washington  and  Idaho,  date  of  election 
of  delegates  fixed,  and  to  be  biennial  thereafter; 
and  all  elective  officers  to  be  elected  at  these 
times,  unless  otherwise  ordered  by  Territorial 
law. 

Clause  in  deficiency  appropriation  act  taking 
away  extra  salary  given  to  secretary  of  New 
Mexico  as  superintendent  of  public  buildings, 
see  208). 

Act  of  Dakota  assembly  disapproved,  except 
so  far  as  Dakota  Southern  Railroad  Company 
may  profit  by  it. 

Right  of  way  granted  to  Dakota  Grand 
Trunk  Railway  Company,  corporation  organized 
under  laws  of  Dakota.  Nothing  in  this  to  be 
construed  as  recognizing  or  denying  authority 
of  Dakota  legislature  to  create  railroad  cor- 
porations . 

Utah,  Idaho,  and  Montana  Railroad  Com- 
pany, a  corporation  organized  under  laws  of 
Utah,  legalized  and  made  valid.  Does  not 
recognize  or  deny  right  of  governor  and  legis- 
lature of  Utah  to  create  railroad  corporations. 

In  any  of  the  Territories,  if  vacancy  occur 
during  recess  of  council  in  office  which  is  filled 
by  appointment  of  governor,  with  consent  of 
council,  governor  alone  may  grant  commission 
to  expire  at  end  of  next  session  of  council. 

Right  of  way  granted  to  Denver  and  Rio 
Grande  Railway  Company,  a  corporation  created 
under  laws  of  Colorado.  This  does  not  affirm 
or  deny  right  of  a  Territory  to  incorporate  a 
railroad  company. 

Right  of  way  granted  to  New  Mexico  and 
Gulf  Railway  Company.  Does  not  affirm  or 
deny  right  of  a  Territory  to  incorporate  a  rail- 
road company. 

Territorial  legislatures  permitted  to  incor- 


84 


porate  for  certain  purposes  by  general  laws, 
see  p.  48. 

244)  1872,  Dec.  24.         Supreme     court   of  Arizona    may  hold    ad- 

journed terms. 

245)  1873,  Jan.  16.         Clerks  and  marshals  of  United  States  courts 

not  to  practice  as  attorneys,  etc.,  in  any  court 
for  which  they  are  acting  as  officers. 

246)  1873,  Jan.  16.          Provisions   of    act  forbidding    members   of 

Congress  to  receive  pay  for  services  before 
any  department,  commission,  etc.,  where 
United  States  a  party,  extended  to  delegates 
from  Territories. 

247)  1873,  Jan.  23.          Sessions  of  Territorial    assemblies  limited, 

see  p.  46.  Members  to  receive  $6  per  day.  dur- 
ing sessions,  and  mileage  as  now.  President  of 
council  and  speaker  of  house  to  receive  $10  per 
day,  chief  clerk  $8,  seven  other  officers  $5  each. 
Governors  $3,500,  secretaries  $2,500. 

247a)     1873,  Feb.  17.       Certain  portion  of  Dakota  attached  to  Mon- 
tana. 

248)  1873,  March  1.       Secretary  of  the  Interior  to  have  powers  and 

perform  duties  in  relation  to  Territories  now  by 
law  or  custom  exercised  and  performed  by 
Secretary  of  State. 

249)  1873,  March  3.       Clause  in  appropriation  act  re-enacting  last 

part  of  act  247).  In  appropriation  for  Wash- 
ington proviso  that  sessions  shall  not  extend 
beyond  forty  days. 

250)  1873,  March  3.       Apportionment  for  election  of  members   of 

Wyoming  legislature  to  be  made  by  governor. 

251)  1873,  March  3.       Right    of  way  granted    to    Utah  Northern 

Railroad  Company,  corporation  organized  under 
laws  of  Utah.  This  does  not  recognize  or  deny 
authority  of  Utah  legislature  to  create  railroad 
corporations. 

252)  1873,  Dec.  1.          The  Revised  Statutes,  embracing  the  statutes 

of  the  United  States  in  force  on  the  first  of 
December,  1873,  as  revised  and  consolidated  by 
commissioners  appointed  under  act  of  Congress. 
Containing  nothing  new, — a  compilation  of  the 
laws  still  in  force.  Enacted  June  22,  1874. 

253)  1874,  April  7.         Not  necessary  in  Territorial  courts  to  exer- 

cise separately  the  common-law  and  chancery 
jurisdictions  vested  in  them,  but  no  party  shall 
be  deprived  of  right  of  trial  by  jury  in  cases 


85 

cognizable  at  common-law,  and  how  the  appel- 
late jurisdiction  of  the  Supreme  Court  of  the 
United  States  over  the  Territorial  courts  is  to  i 

be  exercised 

254)  1874,  May  27.         County  commissioners  of  Thurston  county,      c 

Washington  empowered  to  issue  bonds  to  con- 
struct a  railroad.  Contract  must  be  ratified  by 
a  two-thirds  vote  of  citizens  of  the  county. 

255)  1874,  June  20.         Clause  in  appropriation  act  :   duty  of  secre- 

tary of  each  Territory  to  furnish  to  Secretary 
of  Treasury  estimate  of  lawful  expenses  each 
year. 

256)  1874,  June  20.        Apportionment  for  election  of  members  of 

Wyoming  legislature  to  be  made  by  governor. 
This  power  to  be  retained  by  governor  until 
legislature  make  an  apportionment. 

257)  1874,  June  22.         Clause  in  the  deficiency  appropriation  act, 

that  no  extraordinary  session  of  legislature  of 
any  Territory,  wherever  authorized  by  law, 
shall  be  called  until  President  have  approved 
reason  for  it. 

258)  1874,  June  22.        District  courts  substituted  for  supreme  courts 

as  bankruptcy  courts  in  the  Territories. 

259)  1874,  June  23.        In  relation  to  the  courts  of  Utah,  see  pp.  49 

and  50.  United  States  marshal  to  attend  all 
sessions  of  supreme  and  district  courts,  and 
serve  all  processes.  United  States  attorney  to 
attend  all  courts  of  record  and  prosecute  all 
criminal  cases.  To  be  two  terms  of  supreme  and 
four  of  district  court  each  year.  Jurisdiction  of 
district  courts  :  exclusive  original  in  chancery 
proceedings,  in  all  actions  at  law  where  amount 
is  over  $300,  and  in  land  and  mining  questions  ; 
jurisdiction  in  divorce.  Jurisdiction  of  probate 
courts :  in  settlement  of.  estates,  matters  of 
guardianship,  etc.,  but  no  other  civil,  chancery, 
or  criminal  jurisdiction ;  with  district  courts 
concurrent  jurisdiction  in  suits  of  divorce  for 
statutory  causes.  Justices  of  the  peace  to  have 
jurisdiction  up  to  $300.  Appeals  from  justices 
of  the  peace  and  probate  courts  to  district 
courts.  A  writ  of  error  from  United  States 
Supreme  Court  to  Territorial  supreme  court  in 
criminal  cases  where  sentenced  to  capital  punish- 
ment or  convicted  of  polygamy.  Provisions 
on  qualification  and  selection  of  jurors.  Terri- 


86 

torial  supreme  court  to  appoint  commissioners 
to  take  acknowledgments  of  bail,  as  United  States 
circuit  court  commissioners  ;  and  to  have  same 
authority  as  examining  and  committing  magis- 
trates in  Territorial  cases  as  now  possessed  by 
justices  of  the  peace.  Governor  to  appoint 
notaries  public  for  each  county  ;  and  Territorial 
act  "  concerning  notaries  public"  be  approved, 

except Territorial  act   "in  relation  to 

-.  marshals  and  attorneys,"  disapproved.  Act 
of  Congress  of  1853,  "  regulating  fees,  etc.,  to 
marshals  and  attorneys,  etc.,"  extended  over 
Utah,  but  district  attorney  not  to  receive  in  all 
more  than  $3,500. 

260)  1875,  March  2.       Declaring  the  true  intent  and  meaning  of  an 

*        act  of  Dakota  legislature  relating  to  homesteads. 

261)  1875,  March  3.       Colorado  to  form  constitution  and  State  gov- 

ernment. 

262)  1876,  March  3.       Amendment  to  the  above  act. 

263)  1876,  April  14.       Undetermined  bankruptcy  cases  in  supreme 

courts  of  Territories  to  be  transferred  to  the 
district  courts  thereof. 

264)  1876,  May  1.  Clause  in  deficiency  appropriation  act :     Sal- 

aries of  Territorial  officers  to  commence  only 
when  they  have  taken  the  proper  oath  and 
entered  on  their  duties  ;  oath  to  be  administered 
in  the  Territory  in  which  office  is  held. 

265)  1876,  June  29.        Revised  Statutes  amended  so  as  to  permit 

appeals  from  the  Territorial  supreme  court  of 
Washington  to  the  Supreme  Court  of  the  United 
States  in  cases  where  the  laws  of  the  United 
States,  as  well  as  the  Constitution,  come  in 
question. 

266)  1876,  July  19.        Arizona  legislature  authorized  to    overrule 

governor's  veto  by  two-thirds  vote.  Governor 
must  return  bill  in  10  days,  or  it  becomes  law, 
unless  legislature  have  adjourned. 

267)  1876,  Aug.  15.        Clause    in  appropriation   act,  fixing  date  of 

sessions  of  legislature  of  Montana. 

268)  1878,  March  16.     In    United    States    and    Territorial   Courts 

accused  persons  may  testify. 

269)  1878,  June  8.          Previous  provision  that  Territorial  legisla- 

tures should  not  grant  private  charters,  or 
especial  privileges,  does  not  prohibit  them  from 
creating  municipal  corporations,  and  conferring 


87 

on  them  the  necessary  administrative  powers, 
either  by  general  or  special  acts. 

270)  1878,  June  19.        Clause  in  appropriation  act,  see  p.  47.     The 

several  legislatures  to  divide  their  Territories 
into  as  many  districts  as  they  desire,  as  equal 
as  may  be  according  to  population,  except 
Indians  not  taxed.  Number  of  districts  not  to 
exceed  number  of  members.  Subordinate 
officers  allowed  in  each  legislature:  chief  clerk 
$6  per  day;  two  clerks  $5;  two  at  $4;  chaplain  at 
$1.50.  No  greater  number  of  officers  or  charges 
allowed,  except  secretary  may  receive  fees  for 
official  duties  imposed  by  legislature  not  in  the 
organic  act. 

271)  1879,  Feb.  3.          Act  of  New  Mexico  assembly  incorporating 

the  Society  of  the  Jesuit  Fathers  disapproved, 
"because  it  is  an  act  of  incorporation  with 
especial  privileges." 

272)  1879,  Feb.  15.         Any  woman  member  of  the  bar  of  the  highest 

court  of  any  State  or  Territory  to  be  admitted 
to  practice  before  the  Supreme  Court  of  the 
United  States. 

273)  1879,  March  3.       Additional  supreme  court  judge  for  Dakota. 

A  fourth  judicial  district  defined.  New  judge 
to  have  no  jurisdiction  in  causes  where  United 
States  a  party. 

274)  1879,  June  27.        Provisions  of  act  270)  not  to  shorten  tenure 

of  office  of  members  of  present  assemblies. 

275)  1880,  April  16.       In   any   Territory  lawful  to  fill  vacancy  in 

office  of  justice  of  peace  by  appointment  or 
election,  as  provided  by  governor  and  assembly 
of  such  Territory,  to  hold  office  until  successor 
regularly  elected  and  qualified. 

276)  1880,  June  3.          In  Montana,  Idaho,  and  Wyoming,  the  gov- 

ernor and  speaker  of  house  and  president  of 
council  of  last  session,  to  act  as  board  of 
apportionment.  To  re-apportion  in  their  respec- 
tive Territories  on  the  basis  of  the  last  census  of 
1880.  Election  to  be  held.  Legislature  so 
elected  may  alter  the  re-apportionment.  Mem- 
bers of  boards  of  apportionment  to  receive  same 
compensation  per  day  and  mileage  as  allowed 
to  presiding  officers  of  the  Territorial  legis- 
latures. 

277)  1880,  Dec.  23.         Revised     statutes    amended    to    limit     the 

sessions  of  Territorial  legislatures  to  sixty  days. 


88 

278)  1881 ,  Dec.  21 .        Election  of  New  Mexico  legislatures  legalized. 

276)  made  applicable  to  New  Mexico. 

279)  1882,  March  22.     Revised  statutes  relating  to  bigamy  in  Terri- 

tories amended,  see  p.  49.  Each  house  after 
election  to  have  power  to  decide  on  elections 
and  qualifications  of  its  members. 

280)  1882,  Aug  5.  Clause   in   appropriation   act.     Printing  ex- 

penses of  any  session  of  any  Territorial  legis- 
lature not  to  exceed  $3,750.  In  Montana, 
board  appointed  in  276) — with  chief  justice 
added — to  organize  new  county. 

281)  1882,  Aug.  7.          Any  vacancy  arising  under  279)  from  failure 

to  elect  to  be  filled  by  governor. 

282)  1882,  Aug.  7.         Act  of  Congress  of  Feb.  26,  1853  regulating 

fees  of  attorney  etc. ,  extended  to  New  Mexico 
and  Arizona,  cf.  259). 

283)  1883,  Jan.  10.         Revised  Statutes  amended  to  extend  juris- 

diction of  justices  of  peace  in  Washington, 
Idaho,  and  Montana  to  $300. 

284)  1883,  March  3.       Revised    Statutes    amended    so   as    not    to 

exclude  retired  army  officers  from  holding  civil 
office  in  Territories. 

285)  1884,  Feb.  14.        Proviso     in     deficiency    appropriation    act, 

That  legislative  proceedings,  records  and  laws 
of  New  Mexico  shall  be  printed  in  English.  An 
election  in  New  Mexico  declared  valid.  Date 
of  session  fixed,  not  to  exceed  40  days. 

286)  1884,  June  12.         Dakota  legislature    to  have  24    members  of 

council  and  48  of  house.  Apportionment  made 
accordingly. 

287)  1884,  July  4.          Two   additional   supreme  court  justices   for 

Dakota  (6).  Five  a  quorum.  5th  district  not 
to  have  jurisdiction  where  United  States  a 
party.  For  that  purpose  a  part  of  2d  district. 
6th  district  to  have  all  jurisdiction. 

An  additional  supreme  justice  for  Washing- 
ton. Three  a  quorum,  but  no  justice  to  act  in 
appeals  from  his  own  decision. 

288)  1884,  July  5.  Ten  acts  of  Washington  assembly,  in  spite 

of  defects  and  irregularities,  validated. 

289)  1885,  Jan.  28.        Jurisdiction   of  Wyoming  justices  of  peace 

limited  to  $300. 

290)  1885,  March  3.       Revised  Statutes  relating  to  power  of  Terri- 

torial legislatures  to  incorporate  for  certain  pur- 
poses, amended  so  as  to  include  banks  and 
canals. 


89 


J- 


291)  1885,  March  3.       Clause     in     appropriation    act     authorizing 

Dakota  legislature  to  redistrict  Territory. 

292)  1885   March  3.       Appeals  or   writs  of  error  from   Territorial 

supreme  courts  to  Supreme  Court  of  United 
States,  allowed  only  when  amount  over  $5,000. 
Does  not  apply  to  cases  involving  validity  of 
patents  or  copyrights,  or  of  treaty  or  statute  or 
authority  exercised  under  United  States. 

296)  1886,  Jan.  19.  Election  of  Wyoming  legislature  legalized.  \i  ^ 
Governor,  secretary  and  president  of  council 
act  as  board  of  apportionment  for  next  legisla- 
ture. To  reapportion  on  basis  of  voting 
population.  276)  to  apply  for  election  and 
compensation.  , 

294)  1886,  June  19.  Columbia  County,  Washington  Territory 
authorized  to  issue  bonds  ($40,000)  for  building 
of  county  court  house  in  accordance  with  vote 
of  the  people  of  said  county  at  election  in 
November,  1884. 

21K>)  1886,  June  30.  General  laws  of  Dakota  for  incorporation  of 
insurance  companies,  declared  valid,  and  com- 
panies incorporated  under  them  legal. 

296)  1886,  July  10.         Additional     supreme    judge    for    Montana. 

Provisions  same  as  in  act  287),  for  Washington. 

297)  1886,  July  30.         Act  relating  to  power  of  incorporating  and 

passing  of  special  acts,  by  Territorial  legisla- 
tures, see  p.  48.  Nothing  in  this  abridges 
power  of  Congress  to  annul  any  law  of  Territory, 

298)  1887,  Feb.  8.          Act  providing  for  allotment  of  lands  in  sever- 

al ty  to  Indians.  No  Territory  shall  pass  or 
enforce  any  law  denying  to  any  Indian  within 
its  jurisdiction  to  whom  such  allotment  has 
been  made  the  equal  protection  of  the  law. 

299)  1887,  Feb.  28.        Additional  supreme  judge  for  New  Mexico. 

Present  supreme  court  to  make  new  division  of 
Territory  and  assign  judges.  No  other  change, 
except  three  judges  constitute  a  quorum. 

300)  1887,  March  3.       Alien   persons  and  corporations   prohibited 

from  acquiring  real  estate  in  Territories,  except 
by  inheritance,  or  in  collection  of  debts  hereto- 
fore created.  Prohibition  does  not  apply  where 
right  is  secured  to  foreign  persons  by  treaty. 
Corporations  having  more  than  20  per  cent,  of 
stock  owned  by  aliens  prohibited  from  acquiring 
real  estate  in  Territories.  No  corporation, 
except  railway,  canal,  or  turnpike,  to  own  more 


90 

than  5,000  acres  of  land  in  any  of  the  Terri- 
tories; and  no  railroad,  canal,  or  turnpike  cor- 
poration shall  acquire  more  than  is  necessary 
for  its  proper  operation.  Does  not  affect  title 
to  lands  now  lawfully  held.  Property  in  viola- 
tion to  this  to  be  forfeited  to  United  States. 

J  301)  1887,  March  3.  Anti-Polygamy  Act.  Laws  of  Utah  that 
prosecutions  for  adultery  can  only  be  on  com- 
plaint of  husband  or  wife  annulled.  Com- 
missioners in  Utah  to  have  all  power  and 
jurisdiction  of  justices  of  peace.  Marriage 
ceremonies  in  Territories  require  certifi- 
cate. Laws  of  Utah  allowing  illegitimate 
children  to  inherit  annulled.  Laws  of  Utah 
conferring  further  jurisdiction  on  probate  courts 
annulled.  Laws  of  Utah  and  of  so-called  State 
of  Deseret  creating  Perpetual  Emigrating  Fund 
Company  annulled;  corporation  dissolved;  legis- 
lature forbidden'  to  create  any  such  corpora- 
tion. Incorporation  of  Mormon  Church  likewise 
dissolved.  Laws  of  Utah  providing  for  election 
of  probate  judges  by  legislature  annulled;  to  be 
appointed  by  President.  Female  votes  pro- 
hibited in  Utah,  laws  to  that  effect  annulled. 
Legislative  laws  for  voting  annulled.  Districts 
and  apportionments  abolished.  Commissioners 
to  redistrict  and  apportion.  Oath  to  be  taken 
before  voting  or  holding  office.  Polygamists 
prohibited.  State  of  Deseret  laws  for  militia 
annulled. 

302)  1888,  June  25.        Additional  supreme  judge  for  Utah.     Three 

a  quorum,  but  no  judge  to  sit  on  writ  of  error 
or  appeal  from  his  own  decision.  Temporarily 
the  additional  judge  to  be  assigned  by  gov- 
ernor to  any  of  the  districts  to  act  as  associate 
of  the  judge  there  presiding. 

303)  1888,  July  19.        Act  of  New  Mexico  legislature  creating  San 

Juan  county  ratified.     Nothing  in  act  297)  to  be 
construed  as  prohibiting  Territorial  legislatures 
^  from  creating  new  counties  and  locating  county 

seats  thereof. 

304)  1888,  July  23.     Issue  of  bonds  by  New  Mexico  legislature  rati- 

fied. Tax  to  be  levied  in  each  county  to  raise 
a  sinking  fund. 

305)  1888,  Aug.  9.          Two  additional  supreme  judges  for  Dakota 

(making  eight  in  all).     Five  to  be  a    quorum. 


91 

No  judge  to  sit  on  supreme  court  in  trial  of 
question  decided  by  him  in  his  district,  or  in 
which  he  has  any  interest.  New  judicial  dis- 
tricts fixed.  All  district  courts  to  have  full  jur- 
isdiction. 

306)  1889,  Feb.  22.        Dakota  to  be  divided      North  Dakota,  South 

Dakota,  Montana  and  Washington  authorized 
to  form  constitutions  and  State  governments. 

307)  1889,  March  2.     Clause  in  deficiency  appropriation  act,  That 

next  assembly  of  Wyoming  may  provide  by  law 
for  subsequent  legislatures  to  convene  on  fixed 
day  in  January  on  years  following  general 
elections. 

308)  1890,  May  15.         Location  of  County  seat,  Shoshone  County, 

Idaho,  to  be  submitted  to  vote  of  people. 

309)  1890,  May  2.       Territory   of  Oklahoma  organized,   see  p.  49. 

Council  13,  house  26,  first  session  120  days. 
Seven  counties  established  and  county  seats,  but 
legislature  may  provide  for  changing  latter. 
At  first  election  people  of  each  county  may  vote 
for  name  of  same.  Apportionment  by  governor. 
Representation  in  ratio  of  population  (except 
Indians  not  taxed).  Members  of  legislature 
shall  be  inhabitants  of  district  for  which  elected. 
Governor  may  convene  extraordinary  session  at 
any  time.  Right  of  suffrage  and  holding  office 
at  subsequent  elections  to  be  fixed  by  legisla- 
ture, but  no  one  in  army  or  navy  to  be  allowed 
to  vote  by  reason  of  being  in  service  in  Territory 
and  no  one  in  army  or  navy  to  hold  office.  Gov- 
ernor's veto  can  be  overruled  by  two-thirds 
vote.  He  must  return  bill  within  five  days. 
Justices  of  peace  jurisdiction  up  to  $100.  Cer- 
tain laws  of  Nebraska  to  be  in  force  until  after 
first  session  of  legislature.  Governor  and 
assembly  to  locate  seat  of  government  subject 
to  change  by  same.  Not  required  to  submit 
laws  to  Congress  for  approval. 

310)  1890,  May  16.         Act  of  Idaho  legislature  to  provide  for  a  cer- 

tain wagon  road  ratified. 

311)  1890,  June  25.        Funding   act  of  revised   statutes  of  Arizona 

amended  and  approved. 

312)  1890,  July  2.  Marshals    and    district   attorneys    of    New 

Mexico  and  Arizona  allowed  to  retain  fees  up  to 
$6,000. 

313)  1890,  July  10.        Additional  associate  justice  for  New  Mexico. 


92 

Three  a  quorum.  No  judge  to  sit  at  hearing 
on  appeal  from  his  own  decision.  Judges  to 
redistrict. 

314)  1891,  Feb.  11.        Additional    associate    justices    for    Arizona 

same  as  313),  but  legislature  may  alter  districts. 

315)  1891,  March  3.        Circuit  Court  of  Appeals  created  and  given 

same  appellate  jurisdiction  over  Territorial 
supreme  courts  as  over  district  and  circuit 
courts. 

316)  1891,  March  3.       Act  for  the  protection  of  lives  of  miners  in 

the  organized  and  unorganized  Territories. 

317)  1891,  March  3        Clause  in  appropriation  act:     Probate  courts 

in  Oklahoma  given  such  jurisdiction  in  town 
site  matters  as  granted  in  Kansas. 

318)  1892,  Feb.  11.         Governor  and  legislature  authorized  to  estab- 

lish a  fourth  judicial  district  in  Utah. 

319)  1892,  March  18.     Act  of  Arizona  legislature  making  appropria- 

tion for  display  at  Columbian  Exposition  rati- 
fied. 

320)  1892,  July  13.          Funding  act  of  Arizona  amended,  see  311). 

321)  1892,  July  16.          Proviso  in    appropriation   act  that  commis- 

sioners in  Utah  shall  be  residents. 

322)  1892,  July  28.         Clause  in  appropriation  act.     Governor  and 

two  others  appointed  commissions  in  Oklahoma 
to  apportion  Territory  into  13  council  and  26  rep- 
resentative districts,  according  to  population. 
Date  fixed  on  which  governor  to  proclaim  an 
election  for  delegate,  members  of  assembly,  and 
county  and  township  officers.  County  commis- 
sioners to  be  county  canvassing  board.  Gov- 
ernor, secretary,  and  Territorial  auditor  to  be 
Territorial  canvassing  board.  Assembly  elected 
under  this  act  not  to  consider  any  proposition 
or  pass  any  bill  to  remove  seat  of  government 
from  present  location. 

323)  1892,  Aug.  3.          In  eight  States  and  the  Territories  of  New 

Mexico,  Utah,  and  Arizona  fees  of  jurors  and 
witnesses  in  United  States  Courts  fixed.  Pro- 
vision against  double  mileage  fees  being  paid. 

324)  1893,  March  3.       Clause    in    appropriation    act,    relative    to 

duties  of  commissioners  appointed  under  279). 

325)  1893,  Oct.  17.          In   Oklahoma,   all   male  citizens    of   United 

States,  21  years  of  age,  actual  residents  on  Oct. 
21,  1893,  and  30  days  prior  thereto,  of  that  por- 
tion of  Territory  opened  by  proclamation  of 
President,  Sept.  16,  1893,— known  as  Cherokee 


93 

Outlet — shall  be  entitled  to  vote  and  hold  office 
at  first  municipal  elections  held  in  said  Chero- 
kee Outlet  for  the  organization  of  city,  village 
and  town  government. 

326)  1893,  Dec.  21.        Two    additional    associate    justices    of    the 

supreme  Court  of  Oklahoma.  Three  judges 
must  concur  to  reverse  a  decision  of  the  district 
court. 

327)  1894,  Feb.  21.         Salt  Lake  City,  Utah,  may  become  indebted 

to  6£  on  value  of  taxable  property  at  last  assess- 
ment.  All  bonds  and  obligations  in  excess  of 
that  void. 

328)  1894,  July  16.         Act  to  enable  Utah;  to  form  constitution  and 

State  government. 

329)  1894,  July  18.        Authorizing  county  of  Coconino,  Arizona,  to 

issue  bonds  for  the  construction  of  a  county 
building  at  the  county  seat. 

330)  1894,  July  31.         Clause  in  appropriation  act.     In  Oklahoma, 

governor  to  appoint  commission  to  apportion 
Territory  for  members  of  legislature.  Date 
of  election  after  such  apportionment  fixed. 
Legislature  thus  elected  not  to  consider  propo- 
sition to  remove  Territorial  seat  of  government 
from  present  location. 

331)  1894,  Aug.  3.          Act  to  amend  section  15  of  act  approving 

with  amendments  the  Funding  Act  of  Arizona 
approved  June  25,  1890.  (Extends  indebtedness 
which  may  be  funded). 


94 

APPENDIX  C. 
DISTRICT  OF  COLUMBIA. 

The  Constitution  of  the  United  States  (Article  I,  Section  8, 
seventeenth  clause),  declares  that  Congress  shall  have  power  : 

"To  exercise  exclusive  legislation  in  all  cases  whatsoever,  over 
such  district  (not  exceeding  ten  miles  square)  as  may,  by  cession  of 
particular  States,  and  the  acceptance  of  Congress,  become  the  seat 
of  government  of  the  United  States." 

In  pursuance  of  this  provision,  Maryland  and  Virginia1  made 
cessions  which  were  accepted  by  Congress  and  the  permanent  seat 
of  government  was  established  by  an  act  of  July  16,  1790,  and  an  act 
to  amend  the  same  of  March  3,  1791.  By  the  act  "  concerning  the 
District  of  Columbia,"  of  February  27,  1801,  Congress  assumed 
complete  jurisdiction  over  the  district. 

yjJntil  1871  the  government  of  the  district  of  Columbia  was 
of  the  ordinary  municipal  character,  resting  upon  charters  granted 
by  Congress  to  the  cities  of  Washington  and  Georgetown.  In  1871, 
the  experiment  was  tried  of  creating  a  Territorial  government. 
The  act  was  passed  February  21,  1871. 

By  this  act  the  District  was  "  constituted  a  body  corporate  for 
municipal  purposes  "  and  was  given  a  government  in  most  respects 
like  that  established  in  the  other  Territories.  There  was  a  governor 
and  a  secretary,  both  appointed  by  the  President  and  given  the 
usual  powers  and  duties.  There  was  a  legislature  of  two  houses, 
the  upper  apppointed  by  the  President  and  the  lower  elected  by 
the  people.  And  the  people  were  authorized  to  elect  a  delegate  to 
represent  the  District  in  Congress.  There  was  also  a  board  of 
public  works,  charged  with  certain  strictly  municipal  duties. 

This  Territorial  government  was  given  power  to  raise  money  by 
tax  and  loan.  It  rushed  at  once  into  a  very  extensive  system  of 
public  improvements,  which  resulted  in  a  debt  of  $20,000,000,  on  an 
assessed  valuation  of  less  than  $80,000. 2  The  Territorial  govern- 
ment was  accordingly  abolished  by  an  act  of  June  20,  1874.  This 
provided  for  the  appointmentof  a  Board  of  Commissioners,  who  were 
given  "  all  the  power  and  authority  now  lawfully  vested  in  the  gov- 
ernor or  the  board  of  public  works."  Since  that  date  the  govern- 
ment of  the  District  of  Columbia  has  been  administered  by  Congress 
through  this  Board. 


1.  Virginia's  cession  retroceded  in  1846. 

2.  Johnston  :    Lalor's  Political  Cyclopaedia,  The  National  Capitol. 


95 


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Cessions  to  the  United  States.  John  Hopkins 
University  Studies,  Third  Series,  No.  1. 

ALBACH,  J.  R.     Annals  of  the  West.     Pittsburgh,  1858. 

BANCROFT,  GEORGE  History  of  the  United  States  of 
America.  6  vols.  New  York,  1883. 

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BURNET,  JACOB.  Notes  on  the  Early  Settlement  of  the 
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BRVCE,  JAMES.  The  American  Commonwealth,  Third 
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CARR,  LUCIEX.  Missouri.  A  Bone  of  Contention.  Bos- 
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CHASE,  S.  P.  Statutes  of  Ohio  and  of  the  Northwest- 
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CLAIBORNE,  J.  F.  H.  Mississippi  as  a  Province,  Territory 
and  State.  1880. 

COLES,  EDWARD.  History  of  the  Ordinance  of  1787.  Phil- 
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COOLEY,  T.  M.  Michigan.  A  History  of  Governments. 
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CURTIS,  G  T.  Constitutional  History  of  the  United  States. 
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CUTLER,  W.  P.  AND  J.  P.     Life,  Journals  and  Correspond-        ^ 
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DONALDSON,  THOMAS.     The  Public  Domain.     Its  History    ^ 
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DOUGLAS,  S.  A.  Popular  Sovereignty  in  the  Territories. 
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DUNN,  J.  P.,  JR  Indiana.  A  Redemption  from  Slavery. 
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FISKE,  JOHN.  The  Critical  Period  of  American  History. 
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FORCE,  PETER.  History  of  the  Ordinance  of  1787.  Na- 
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GANNETT,  HENRY.  Boundaries  of  the  United  States,  and 
of  the  Several  States  and  Territories.  Wash- 
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GARRETT,  W.  R.  History  of  the  South  Carolina  Cession. 
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HAY  WOOD,  JOHN.  Civil  and  Political  History  of  Tennes- 
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HILDRETH,  RICHARD.     History   of   the   United   States   of 
America.     First  Series,  3  vols.     Second  Series, 
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HINSDALE,  B.  A.     The  Old  Northwest.     New  York,  1888. 

JOHNSTON,  ALEXANDER.  Articles  on  United  States  His- 
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JOHNSTON,  ALEXANDER.  History  of  American  Politics. 
New  York,  1889 

KING,  RUFUS.  Ohio.  First  Fruits  of  the  Ordinance  of 
1787.  Boston,  1891. 

LALOR,  J.  J.  Cyclopaedia  of  Political  Science,  Political 
Economy  and  of  the  Political  History  of  the 
United  States.  3  vols.  Chicago,  1884. 

MASON,  E.  C.     The  Veto  Power.     Boston,  1891. 
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MICHIGAN  PIONEER  AND  HISTORICAL  SOCIETY  COLLEC- 
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NEILL,  E.  D      History  of  Minnesota.     Philadelphia,  1858. 

PHELAN,  JAMES.  History  of  Tennessee.  The  Making  of 
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PICKETT,  A.  J.  History  of  Alabama.  2  vols.  Charles- 
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POMEROY,  J.  N.  Introducton  to  the  Constitutional  Law  of 
the  United  States.  Tenth  edition.  Revised 
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POOLE,  W.  F.  Dr.  Cutler  and  the  Ordinance  of  1787. 
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POORE,  BEN.  PERLEY  The  Federal  and  State  Constitu- 
tions, Colonial  Charters,  and  Other  Organic 
Laws  of  the  United  States.  Second  Edition. 
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RHODES,  J.  F.  History  of  the  United  States  from  the 
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ROOSEVELT,  THEODORE.  The  Winning  of  the  West.  New 
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SATO,  SHOSUKE.  History  of  the  Land  Question  in  the 
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Adams,  H.  B..  cited,  4,  6. 

Admission  of  States,  see  States. 

Alabama  Territory,  organized,  28, 
16  n.  5;  judiciary  in,  29. 

Appeals,  in  Territorial  courts,  22, 
27  n.  58,  29,  33,  37,  51;  to  Federal 
Supreme  Court,  see  Supreme 
Court  of  United  States. 

Arizona  Territory,  organized,  42; 
slavery  in,  44. 

Arkansas  Territory,  organized,  28; 
government  established  in,  31; 
judiciary  in,  29;  changes  in 
government  of,  34;  form  of  or- 
ganic act  of.  a  development  of 
Orleans  act  of  1804,  40. 

Articles  of  Compact  of  Ordinance 
of  1787,  11,  J2;  included  in  or- 
ganic act  of  Wisconsin,  40,  and 
in  Iowa,  Oregon  and  Minne- 
sota, 43. 

Articles  of  Confederation,  obstacle 
to  adoption  of,  3-5;  ratified,  4, 5: 
legislation  for  government  or 
public  territory  under,  see 
Northwest,  and  12,  13,  53;  Ter- 
ritories subject  to,  7, 11. 

Attorney,  United  States,  appointed 
in  Territories,  22  n.  30,  29,  37, 40. 

Bail,  benefits  ot,  guaranteed  by 
Ordinance  of  178?,  11. 

Bankruptcy,  jurisdiction  of  Terri- 
torial courts  in.  45. 

Banks,  incorporation  of,  see  Legis- 
lature. Territorial. 

Benton,  T.  H.,  cited  17. 

Bigamy,  forbidden  in  the  Terri- 
tories, 45. 

Bill  of  rights,  in  Ordinance  of  1787, 
11;  in  act  for  Missouri  of  1812, 
28. 

Bryce,  James,  cited,  34,  50,  51. 

Burnet,  J.,  cited,  18,  19,  27,  37. 

California,  example  of  a  State 
which  has  not  passed  through 
the  Territorial  stage,  54  n.  13. 

Carr,  Lucien,  cited,  23. 

Cessions,  of  western  land  by  States, 
see  Land  Cessions. 

Chancery  jurisdiction  of  Territorial 
courts,  see  Supreme  Court, 
Territorial  and  District  Court, 
Territorial;  of  Circuit  Courts, 
Territorial,  29. 

Claiborne,  Governor,  of  Mississippi, 
appointed  governor  of  Louisi- 
ana, 21. 

Claims  of  States  to  western  lands, 
see  Northwest. 

Colorado  Territory,  organized,  42; 
slavery  in,  44. 

Congress,  attitude  of,  to  States 
claiming  western  lands,  4,  5; 
owner  of  the  Northwest,  6; 
power  of,  to  acquire  territory 
and  to  legislate  therefor,  12-14, 


53;  power  of  to  annul  Terri- 
torial laws,  10,  19  n.  20,  22,  31, 
32,  35, 41,  49;  power  of.  to  divide 
Territory  or  change  boundar- 
ies of,  36;  absolute  control  of 
Territories  by,  35,  38,  39-44, 
49,  50,  52;  Delegate  to,  see  Dele- 
gate; the  First,  3  n.  1,  14. 

Connecticut,  claim  of,  to  Northwest, 
4;  cession  by,  5,  6. 

Connecticut  Reserve,  6. 

Constitution,  provisions  in,  for  new 
States,  and  public  territory,  13, 
14,  53;  Territorial  laws  must  be 
consistent  with,  21,  43  n.  20. 

Contracts,  inviolability  of,  11,  n.  26. 

Cooley,  T.  M.,  cited,  32. 

Corporations,  forbidden  to  hold 
more  than  $50,000  real  estate,  45. 

Court  of  appeals,  Territorial,  29,  33; 
see  also  under  Appeals. 

"  Crown  lands,"  4. 

Curtis,  G.  T.,  cited,  13. 

Cutler,  W.  P.  and  J.  P.,  cited,  9  n.  23. 

JOakota  Territory,  organized,  42; 
slavery  in,  44. 

Dane,  Nathan,  authorship  of  Ordi- 
nance of  1787  attributed  to,  9  n. 
23. 

Debt,  see  Indebtedness. 

Declaration  of  Independence,  4,  n.  5. 

Delegate  to  Congress,  by  Ordinance 
of  1787,  10;  rights  and  privileges 
of,  17,  18,  50;  from  South  Terri- 
tory, 17;  from  Northwest,  18; 
importance  of,  18,  n.  18;  made 
elective,  18,  n.  19,  25,  26,  28,  31, 
36,  51. 

Democratic  spirit  in  legislation  for 
Territories,  16,  51. 

District  of  Columbia,  49  n.  52. 

District  Courts,  Territorial,  29,  33r 
36;  jurisdiction  of,  37,  43,  45,  49; 
see  Judiciary,  and  Judges. 

District  Court,  of  United  States 
established  in  Orleans,  22,  n. 
30. 

Donaldson,  Thomas,  cited,  3,  9,  15. 

Dunn,  J.  P.  Jr.,  cited,  8,  9,  18. 

Estates,  descent  and  distribution 
of,  under  Ordinace  of  1787,  9, 

Experience  an  important  factor  in 
legislation  for  Territories,  23. 
27,  28,  29,  32. 

Ifederalist,  cited,  13. 

Fines  and  punishments,  moderate, 

guaranteed   by   Ordinance    of 

1787,  11. 

Fisk,  O.  H.,  cited,  40. 
Fiske,  John,  cited,  6. 
Florida  Territory,  acquisition  of,  30; 

organized,   30;  organic  act  of, 

not    the    first  organic  act,   15; 

re-organized,  31;    judiciary  of 


c 


100 


organized,  33;  legislature  of,  re-       I 
organized,  41;  further  changes 
in  government  of,  34,  41,  42. 

Force,  Peter,  cited,  9  n.  23. 

Freedom  of  religion,  by  Ordinance 
of  1787,  11;  in  Louisiana,  21;  in 
Florida,  30. 

Fugitive  slaves,  provision  in  Ordi- 
nance of  1787  concerning,  12. 

G-eneral  Assembly,  of  Northwest, 
10;  of  South,  17;  of  Indiana.  19, 
20,  26;  of  Mississippi,  20,  28;  of 
Orleans,  see  Legislative  Coun- 
cil; of  Illinois,  26;  of  Missouri, 
27,  29;  of  Florida,  see  Legisla- 
tive Council;  of  Arkansas,  31; 
of  Michigan,  see  Legislative 
Council;  of  Wisconsin,  40,  41; 
of  Iowa,  41;  of  Oregon,  42;  of 
Washington,  43,  n.  17;  of  all 
Territories,  46,  47,  50 

Georgia,  cession  of  western  lands 
by,  16.  20. 

Governor,  of  Northwest,  10;  of  In- 
diana, 21;  of  Orleans,  21,  24;  of 
Louisiana,  24;  of  Missouri,  27; 
of  Florida,  30;  of  Michigan,  32; 
of  Wisconsin,  40;  of  Oregon, 
Minnesota,  Kansas  and  Ne- 
braska, 42,  n.  13;  salary  of,  51, 
44,  n.  23;  power  of,  to  convene 
and  prorogue  legislature,  10, 
27,  30,  36;  veto  power  of,  10,  27, 

31,  37,  41,  4*,   n.  14;  pardoning 
power,  21,  24,  32,  36;  with  judges 
to     exercise      the    legislative 
function,    10,  18,  19,  n.  20,  21,  23, 

32,  54. 


Judiciary,  Territorial, 
28,  29,  31,36,  37,  45, 
J 
J 


,  systematized 

46,  51. 

ury,  trial  by,  11,  21. 
ustices  of  the   peace,  22;  jurisdic- 
tion of,  27,  37.  49. 


rpus,  writs  of  11,  43. 
Hinsdale,   B.  A.,   cited  6,  9  n.  23,  19, 

27. 
House    of    Representatives,    Terri- 

torial, see   General  Assembly. 

Idaho     Territory,     organized,      42; 

slavery  in,  44. 
Illinois,   Territory,   organized  26,  16 

n.  5;  judiciary  of,  29. 
Indebtedness,  limit  of  Territorial,  42, 

48;  limit  of  local,  49. 
Indiana  Territory,  20,  21,  26,  29. 
Iowa,  State,  of,  39 
Iowa      Territory,       organized     41; 

slavery  in,  43. 

Jackson,  Andrew,  governor  of  the 
Floridas,  30. 

Jefferson,  Thomas,  7,  8 

Jefferson's  Ordinance,  7,  54;  objec- 
tions to,  7,  8;  articles  of,  in- 
cluded in  Ordinance  of  1787,  11, 

Johnston,  Alexander,  cited,  12,  15, 
38. 

Judges,  of  Northwest,  10;  of  Indiana, 
21;  of  Orleans,  22;  of  Louisi- 
ana, 24;  of  Florida,  30;  of 
Wisconsin,  40;  shortening  of 
term  of  office  of,  22,  27,  32,  37, 
41,  42,  51;  salary  of,  51,  52,  44,  n. 
23;  see  further,  District  Court, 
Supreme  Court,  and  Judiciary; 
two,  necessary  to  hold  court, 
10,  27,  n,  58,  29,  36. 


Kansas    Territory,    organized,    42; 

slavery  in  43,  n.  20. 
Kansas-Nebraska  Act,  43  n.  20. 

Ivand  cessions  to  United  States,  5, 
6,  n.  17.  17,  20,  53. 

Legislative  Council,  of  Orleans.  22, 
23;  of  Florida,  30,  31,  33,  n.  93, 
41;  of  Michigan,  32,  34:  see  Gen- 
eral Assembly. 

Legislature,  Territorial,  first  organ- 
ized, 17;  payment  of  expenses 
of,  by  Congress,  22,  n.  29,  30,  32, 
33  n.  93,  34,  35,  36,  40,  42,  n.  12,  46, 
47,  52,  n.  6;  sessions  of,  20,  27,  30, 
32,  34,  35,  36,  42,  46,  47,  50; 
powers  of,  10,  21,  22,  23,  27,  28, 
29,  35,  36,  37  n.  101,  40,  41,  42, 
46-48,  50,  51  ;  members  of, 
election  and  terms  of,  10, 
18  n.  19,  22-24,  26,  29,  31,  33,  36, 
41,46,  51. 

Liberty,  preservation  of,  guaranteed 
by  Ordinance  of  1787,  11;  in 
Louisiana,  21;  in  the  Floridas, 
30. 

Liberty  of  religion,  see  Freedom  of 
religion. 

Louisiana,  acquired  from  France, 
20;  people  of,  unfitted  for  self- 
government,  16,  23. 

Louisiana,  District  of,  organized, 
21;  made  Territory  of,  24. 

Louisiana,  Territory,  organized,  24; 
organic  act  of,  39;  name 
changed  to  Missouri,  27. 

JMcMaster.  J.  B.,  cited,  18. 
Madison,  James,  letter  of  Jefferson 

to,  cited,  8;  proposal  of,  in  Con- 

stitutional Convention,  13. 
Marshal  of  United  States,  appointed 

in  Territories,  22,  29,  37.  40. 
Maryland,  and  the  land  cessions,  4-6, 

53. 
Massachusetts     and     the     western 

lands,  4,  5. 
Michigan    Territory,   organized    25, 

16  n.  5,  31;    changes  in   govern- 

ment of,  32,  34. 
Minnesota    Territory,  organized  42, 

articles    of  compact    of   Ordi- 

nance    of       1787       (forbidding 

slavery)  in  force  in,  15,  n.  3,  43. 
Mississippi  Territory,  organized,  20. 

changes  in  government  of,  25, 

26,  28. 
Missouri    Territory,    organized,    26, 

27;    organic    act   of,    15,   27,   40: 

judiciary,  of  29. 
Montana    Territory,    organized    42; 

slavery  in,  44. 

^febraska  Territory,  organized,  42 

slavery  in,  43,  n.  20. 
Nevada    Territory,     organized,     42; 

slavery  in,  44. 
New  Mexico  Territory,    organized 

42;  slavery  in,  43. 


101 


New  York  and  the  western  lands, 
4,  5. 

North  Carolina,  cession  by,  16,  17. 

Northwest,  becomes  public  territory 
3-6;  legislation  under  Articles 
of  Confederation  for  govern- 
ment of,  6-12;  under  the  Con- 
stitution, 13,  14,  the  remainder 
of,  included  in  Wisconsin  Ter- 
ritory, 39. 

Northwest  Territory,  government 
of,  by  Jefferson  s  Ordinance,  7, 
8;  by"  Ordinance  of  1787,  9-12,  14; 
divided,  19,  20. 

Oklahoma  Territory,  organized,  49. 

Ordinance  of  1784,  see  Jefferson's 
Ordinance. 

Ordinance  of  1787,  adopted  8;  author- 
ship of,  9,  n.  23;  provisions 
of,  9-12;  re-enacted,  14;  changes 
in,  19,  31,  35-37;  the  model  for 
Territorial  governments,  15, 16, 
50;  extended  over  southern 
Territories,  16,  17,  20,  24,  27,  28, 
n.  60,  31;  parts  of,  contained  in 
Constitution,  11,  39;  see  also 
Articles  of  Compact. 

Oregon  Territory,  organized,  42; 
slavery  in.  43. 

Orleans  Territory,  organized,  21; 
organic  act  of,  15,  30,  39;  re- 
organized, 24;  as  State  of 
Louisiana.  27. 

I»oole,  W.  F.,  cited,  9,  n.  23. 

President,  authority  of,  in  Louis- 
iana, 20:  in  Flo'rida,  30;  appoint- 
ing power  of,  14  n.  32,  22,  32,  49, 
5<>,  51;  previous  consent  of, 
necessary  for  extra  sessions  of 
legislatures.  47. 

Private  Charters,  Territorial  legisla- 
tures forbidden  to  grant,  47. 

Probate  Courts,  49,  n.  49. 

Property,  "  free  enjoyment  of,"  11, 
21,30. 

Property  qualifications,  for  exercise 
of  suffrage,  see  Suffrage;  for 
office,  10,  11,  21,22,  30,  36,  51. 

Quebec  Bill.  4,  n.  5. 

Ramsey,  J.  G.  M.,  cited,  51. 
Randolph,  Governor,  plan  of,  before 

the  Constitutional  Convention, 

13. 
Religious  liberty,   see    Freedom  of 

religion. 


^ato,  Shosuke,  cited,  6,  9  n.  23. 

Secretary,  of  Northwest,  10;  of  Indi- 
ana, 21;  of  Orleans,  21,  24;  of 
Wisconsin,  40;  powers  and 
duties  of,  21,  40,  50;  salary  24, 
44,  n.  23,  46,  51,  62. 

Slavery,  by  Jefferson's  Ordinance, 
8;  by  Ordinance  of  1787,  12,  40, 
43;  in  southern  Territories,  17, 
20:  permitted,  43;  abolished,  44, 

Slaves,  importation  of,  forbidden,  20. 

South  Carolina,  cession  by,  20. 

South  Territory,  organized,  17;  as 
State  of  Tennessee,  20. 

States,  organization  of  and  admis- 
sion into  the  Union,  6,  7,  12,  13, 
23,43,  53,  n.  12,  54. 

Story,  Joseph,  cited,  52. 

Suffrage,  right  of,  extended,  11,  18, 
25.  26.  28.  31,  32,  34,  36,  40,  44,  51. 

Superior  Court,  see  District  Court, 
and  Supreme  Court,  Terri- 
torial. 

Supreme  Court  of  United  States, 
appeals  to,  25,  30,  31,  33,  35,  37, 
43.  45.46,  49,51. 

Supreme  Court,  Territorial,  juris- 
diction of.  10,  22,  25, 27,  29,  32,  33, 
35,  37,  40,  43,  45,  51;  see  further, 
Judges  and  Judiciary. 

Taxation,  restrictions  on  power  of, 
by  Territorial  legislatures,  7, 
11.  31. 

Tennessee,  State  of,  organized,  20. 

Territory,  Public,  see  Northwest. 

Treaty  of  Paris,  3. 

Treaty,  with  France,  ceding  Louisi- 
ana 20,  21,  23,  53. 

Treaty  with  Mexico,  53. 

Treaty  with  Spain,  ceding  the 
Floridas,  30,  53. 

Utah  Territory,  organized,  42; 
slavery  in,  43;  polygamy  in,  49. 

"Veto  power  of  governor,  see  Gov- 
ernor. 
Virginia  and  the  western  lands,  4,  5. 

"Washington  Territorv,  organized, 

42,43,  n.  17. 

Winsor,  Justin,  cited,  6. 
Wisconsin  Territory,  organized,  38; 

organic  act  of,  15,  38-40,  changes 

in,  41,  42. 
Wyoming  Territory,   organized,  49. 


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